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Full text of "North Carolina Register v.4 no. 14 (10/16/1989)"

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OCT 18 !389 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



m 



COMn 



EXECUTIVE ORDER 
FINAL DECISION LETTERS 

PROPOSED RULES 

Cultural Resources 

ECD 

Education 

EHNR 

Electrical Contractors 

Human Resources 

Landscape Architects 

Plumbing & Heating Contractors 

FINAL RULES 
Correction 

ISSUE DATE: OCTOBER 16, 1989 

Volume 4 • Issue 14 • Pages 713-765 



' •. 11 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. l\\e North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rul|4 
must begin normal rule-making procedures on the pei^ 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). ' 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated ' 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In^ 
dividual volumes may also be purchased witfl 
supplement service. Renewal subscriptions for^ 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986' 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



I 



ISSUE COM EM S 



NORTH 
CAROLINA 
REGISTER 




OJpce of Administrative Hearings 

I*. O. Drawer 11666 

Ralcin/t, \C 27604 

(919) 733-2678 



James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kiipatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. EXECurrv E order 

Executive Order 97 713 

II. FINAL DECISION LETTERS 

Voting Rights Act 714 

III. PROPOSED RLLES 
Cultural Resources 

Archives £ind History 720 

ECD 
Hazardous Waste Management 

Commission 716 

Education 
Elementary and 

Secondary Education 739 

EHNR 

Coastal Management 735 

Environmental Management 

Commission 730 

Wildlife Resources 

Commission 738 

Human Resources 

Medical Assistance „.722 

Licensing Boards 

Electrical Contractors 74 1 

Landscape Architects 756 

Plumbing and Heating 
Contractors 757 

IV. FINAL RLLES 

Correction 

Division of Prisons 759 

V. CUMULATIVE ESDEX 763 



NOR TFI CAROLFSA REGISTER 

Publication Deadlines and Schedules 

(January 1989 - .\fay 1990) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




I-'iling 


Electronic 


PubUc 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+++♦♦+++ 


+++*++++ 


+++++♦+♦ 


+*+««tf« 


t,t,^i,i,^i,^ 


01/02/89 


12 08/88 


12/15/88 


02 01 '89 


05/01/89 


01 '16/89 


12,27/88 


01/03/89 


02/15/89 


05/01,89 


02/01/89 


01/10/89 


01/17/89 


03,'03/89 


06/01,89 


02 15/89 


01/2689 


02/02/89 


03 '17/ 89 


06/01/89 


03,01/89 


02 08 89 


02/15,89 


03 31/89 


07/01/89 


03 15/89 


02/21/89 


03/02/89 


04/14/89 


07/01,89 


04 03/89 


03 10 89 


03/17/89 


05/03/89 


08/01 89 


04/14/89 


03/23/89 


03/31/89 


05/14/89 


08/01 89 


05 01/89 


04 10 89 


04' 17/89 


05/31/89 


09/01 89 


05/15/89 


04 24 89 


05,01/89 


06 14/89 


09 '01 89 


06/01/89 


05' 10/89 


05/17/89 


07 01/89 


10/01 89 


06 15/89 


05 24 '89 


06 01/89 


07/15/89 


10/01 89 


07/03/89 


06/12/89 


06/19/89 


08 01/89 


11/01 89 


07 14 89 


06 22 89 


06/29/89 


08/13/89 


11/01 89 


08 01 89 


07 11 89 


07/18/89 


08 31/89 


12/01 89 


08 15/89 


07 25 89 


08 01/89 


09 14/89 


12 01 89 


09 01/89 


08 11 89 


08, 18/89 


10 01,89 


01/01-90 


09/15/89 


08/24'89 


08/31/89 


10,15/89 


01/0190 


10 02/89 


09 11/89 


09' 18' 89 


11 01/89 


02/01,90 


10 1689 


09 25 89 


10^02/89 


11 15/89 


02/01 90 


11 01 89 


10 1189 


10/18 89 


12 01/89 


03/01/90 


11/15/89 


10 24/89 


10/31 '89 


12 15,89 


03/01,90 


12/01/89 


11/07/89 


11/15/89 


1 23 1/89 


04,'01/90 


12 15/89 


11 22/89 


12/01/89 


01/14/90 


04/01/90 


01 02/90 


12 07/89 


12/14/89 


02,01/90 


05/01,90 


01 16/90 


12 20,89 


12/29/89 


02 15/90 


05 01, 90 


02 01,90 


01/10/90 


01/1890 


03 03,90 


06/01 90 


02 15/90 


01/25/90 


02/01/90 


03/17/90 


06/01/90 


03 01/90 


02 08/90 


02/15/90 


03 31/90 


07/01/90 


03 15/90 


02 22/90 


03,01 90 


04 14/90 


07/01 90 


04 02,90 


03/12 90 


03,19/90 


05 02/90 


08/01 90 


04 16,90 


03 23-90 


03,30 90 


05 16,90 


08/01,90 


05.01/90 


04 09/90 


04/17/90 


05-31,90 


09/01/90 


05,15/90 


04 24 90 


05/01/90 


06 14,90 


09/01,90 



* The "Earliest Effecth-e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\-e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 97 

AMENDMENT TO EXECU IIVE 

ORDER NUMBER 80 

NORTH CAROLINA DRU(; CABINET 

By authority vested in me as Governor by the 
Constitution and laws of North CaroUna, IT IS 
ORDERED: 

Section 2 of Executive Order Number 80 enti- 
tled "North Carolina Drug Cabinet" is amended 
by adding to the membership of the Cabinet the 



Secretary of Environment, Health and Natural 
Resources. 

All other sections and provisions of Executive 
Order Number 80 shall remain in effect. 

This order shall be effective immediately and 
shall remain in effect until terminated. 

Done in Raleigh, North Carolina, this the 26th 
day of September, 1989. 



NORTH CAROUNA REGISTER 



713 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9U. effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JP'r:RJW:FnD:lrj 

DJ 166-012-03 Voting Section 

Z0470 P.O. Box 66128 

Washington, D.C. 20035-6128 

September 28, 1989 

Robert J. Cogswell, Jr., Esq. 

City Attorney 

P.O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to the increase in compensation for the mayor, mayor pro-tem and councilmembers for 
the City of Fa>etteville in Cumberland County, North Carolina, submitted to the Attorney General 
pursuant to Section 5 of the Votmg Rights Act of 1965, as amended, 42 L.S.C. 1973c. We received 
your submission on July 31, 1989. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



714 NOR TH CAROLINA REGIS TER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JPT:MAP:JCC:lrj 

DJ 166-012-3 Voting Section 

Z0401 P.O. Box 66128 

Washington, D.C. 20035-6128 

September 29, 1989 

George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

Wilson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the absentee voting procedures for the Town of Sims in Wilson County, North Ca- 
rolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as 
amended, 42 U.S.C. 1973c. We received your submission on August 3, 1989. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 



James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



NOR TH CAROLINA REGIS TER 715 



PROPOSED RULES 



TITLE 4 DKPAR rMENT OF ECONOMIC 
AND COMMLNH Y DEVELOPMENT 

IS otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Hazardous Waste Management 
Commission intends to adopt rules cited as 4 
NCAC IS .0101 - .0104, .0201 - .0202, .0301 - 
.0307. 

1 he proposed effective date of this action is 
March I, 1990. 

1 he public hearing will be conducted at 7:00 
p.m. at the following locations and dates: 

November 16, 1989 

Charlotte, NC 

UNC-Charlotte 

Room I4S McEniry 

(park in parking deck) 

November 28, 1989 

Morganton, NC 

N.C. School for the Deaf 

Main Building Auditorium 

5/7 West Fleming Drive 

December 5, 1989 

Elon College, NC 
Yeager Recital Hall 
Fine Arts Building 
Williamson Avenue 

December 6, 1989 

Raleigh, NC 

Utilities Commission Hearing Room 

Dobbs Building, Second Floor 

430 North Salisbury Street 



Co 



omment Procedures: Any interested person 
may present written comments for consideration 
by the Commission. The hearing record will re- 
main open for receipt of comments from Septem- 
ber 25. I9S9, through December 6, 1989. Written 
comments should be received by the Commission 
by midnight on December 6, I9S9, to be consid- 
ered as part of the hearing record. Comments 
should be addressed to: 

Ms. Cindy Trinks 

N.C. Hazardous Waste Management 

Commission 

430 North Salisbury Street 

Raleigh, NC 27611 

Any person may present oral comments at the 
hearings. Requests to speak should be presented 



in writing to Ms. Cindy Trinks at the above ad- 
dress no later thanftve days before the date of the 
respective hearing. Additional comments may be 
allowed by the Commission by sign up at the pub- 
lic hearings as time allows. All presentations will 
be limited to five minutes. A fiscal note covering 
these rules has been prepared by the Commission 
and may be obtained by written request addressed 
to Ms. Trinks at the address above. A draft jus- 
tification document has been prepared by the 
Commission in accordance with G.S. I30B-I I (b) 
and may be obtained by written request addressed 
to Ms. Trinks at the address above. 

CHAPTER 18 - N.C. HAZARDOUS WASTE 
MANAGEMENT COMMISSION 

SECTION .0100 - GENERAL INFORMATION 

.0101 PURPOSE 

The purpose of this Chapter is to provide pro- 
cedures for the N.C. Hazardous Waste Manage- 
ment Commission to site, design, finance, 
construct, operate, oversee, acquire, hold, sell, 
lease, or convey needed hazardous waste facilities 
to the extent that private enterprise fails to pro- 
vide such facilities, in accordance with G.S. 130B 
and 10 NCAC lOF. 

It is the purpose of the Commission to provide 
the citizens of North Carolina with an opportu- 
nity to participate in decisions concerning the 
state's management of hazardous waste. The 
Commission supports active participation of the 
public in the decision-making process by en- 
couraging comments and suggestions from all ci- 
tizens. It is the Commission's goal to provide a 
forum for study and input which will enable citi- 
zens to become knowledgeable about the estab- 
hshment of hazardous waste facihties in North 
Carolina. 

The Commission strongly supports the waste 
minimization efforts of the businesses and indus- 
tries of North Carolina. The Commission be- 
lieves that such efforts should be expanded 
wherever possible. However, the Commission is 
authorized only to review and consider current 
and projected waste minimization efforts in 
making its recommendations to the Governor 
and the General Assembly. The Commission 
encourages additional support for the waste 
minimization and waste reduction programs of 
the Pollution Prevention Pays office, the De- 
partment of Environment, Health, and Natural 
Resources, and the Governor's Waste Manage- 
ment Board, and all other state agencies and de- 
partments authorized to direct activities in this 
regard. 



716 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory A ulhority 
(24); I50B-I3. 



G.S. /30B-4; I30B-7 (a) 



.0102 DEFIMTIONS 

(a) Unless a different meaning is required by 
the context, the definitions contained in G.S. 
130A-290, G.S. 130B-2, and 10 NCAC lOF 
.0002 apply to the rules contained in this Chap- 
ter. 

(b) As used in this Chapter, "facility" means a 
hazardous waste facility authorized by the Gov- 
ernor as defined in G.S. I30B-5(a) and G.S. 
130B-5(b)(l). 

(c) The term "proximity" means distance from 
a location or activity that could involve an im- 
pact, either positive or negative, or beneficial or 
detrimental. 



Statutory Authority 
(24); I SOB- 1 3. 



G.S. I30B-2; J30B-7 (a) 



.0103 M.MLING LIST 

The Commission maintains mailing lists for its 
rulemaking and public meeting acti%ities. Indi- 
viduals wishing to be notified of these activities 
should send a letter to: 

N.C. Hazardous Waste Management 

Commission 

Mailins List 
430 N. Sahsburv St. 
Raleigh, NC 27611 

stating the particular activity or activities for 
which notice is requested and the name, address 
and phone number of requester. A fee may be 
charged to cover the actual cost of providing this 
notice. 

Statutory Authority G.S. 12-3.1; I30B-6; 
l30B-7(a)(24); 1 43-3 1 S.I 2; I SOB- 1 3. 

.0104 WRITTEN M.\TF.RI AL DEPOSITORIES 

The Commission understands and supports 
fuUy the public's right to participate in the proc- 
ess leading to the siting of a facility. The Com- 
mission wishes to assist in the public's ability to 
participate by providing access to the Commis- 
sion's written materials at information deposito- 
ries throughout the state. The depositories will 
be maintained in public libraries in all 100 North 
Carolina counties and in libraries of member in- 
stitutions of the North Carolina Community 
College System. These depositories shall contain 
information relating to the Commission's rule- 
making and site-selection process, and other 
written materials pertinent to the Commission's 
work, to be used as reference material by the 



general public. The Commission's written ma- 
terials need not be furnished to any depository 
located in any county in which the entire area of 
the county and all adjacent counties have been 
eliminated from consideration as a suitable site 
unless the depository specifically requests in 
writing continued receipt of materials. 



Statutory Authority G.S. 
l30B-7(a)(24); I SOB- 1 3. 



12-3.1; I30B-6; 



SECTION .0200 - SITE SELECTION CRITERIA 

.0201 INTRODUCTION 

The rules contained in this Section set forth the 
criteria which the Commission will consider in 
selecting a site for the location of a facility. In 
selecting this site the Commission must comply 
with the siting criteria set forth in 10 NCAC lOF 
and G.S. 130B. The rules contained in this Sec- 
tion set forth additional criteria to be considered 
by the Commission in evaluating and selecting a 
site for the facility in accordance with G.S. 130B. 
The written justification for the criteria contained 
in these rules is available from the Commission 
at the mailing address set out in 4 NCAC 18 
.0103. 

Statutory Authority G.S. l30B-7(a)(5); I50B-I3. 

.0202 SITE LOCATION EXCLUSIONS 

(a) Prior to consideration of the factors set out 
at G.S. 130B- 11(b)(1) through (8), the Commis- 
sion shall exclude areas of the state for consider- 
ation in the selection of suitable sites for a 
facility, based upon and consistent with all ap- 
plicable federal and state law, including statutes, 
regulations and rules. The Commission shall 
consider the following criteria which are consist- 
ent with G.S. 130B-ll(c), 10 NCAC lOF and 
Subchapter I of Title 40 of the Code of Federal 
Regulations, as part of the statewide screening 
process: 

(1) A location shall not be selected to be 
placed upon an inland lake. Lakes of 200 
acres or more will be indicated and re- 
moved from further consideration during 
the first statewide screening process; 

(2) A location shall not be selected to be 
placed upon an upland bog or pocosin as 
identified or mapped by Duke University 
Wetlands Center, or upon marsh or 
swamp as shown by United States Geo- 
logical Service 1:100,000 series topo- 
graphic maps. Locations of 200 acres or 
more will be indicated and removed from 
further consideration during the first 
statewide screening process; 



NORTH CAROLINA REGISTER 



717 



PROPOSED RULES 



(3) A location shall not be selected to be 
placed in a coastal hurricane storm surge 
or inundation area, defined as the maxi- 
mum hurricane storm surge or inundation 
area in the Hurricane Evacuation Study 
for Coastal North Carolina (U.S. Army 
Corps of Engineers, 1987); 

(4) A location shall not be selected to be 
placed within 25 miles of an existing po- 
lychlorinatcd biphenyl (PCB) landfill; 

(5) A location shall not be selected to be 
placed greater than 60 miles, measured in 
a straight line, from the Interstate High- 
way System in North Carolina; 

(6) A location shall not be selected to be 
placed within 0.25 miles of a fault which 
has had displacement during Holocene 
time as determined under 10 NCAC lOF 
.0032(c) and Appendix VI of 40 CFR Part 
264, or within 0.25 miles of the epicenter 
of a seismic event of a magnitude greater 
than three as measured by the Modified 
Mercalli Intensity Scale of 1931; 

(7) A location shall not be selected to be 
placed upon a 100-year floodplain; 

(8) A location shall not be selected to be 
placed upon wetlands within the meaning 
of Section 404 of the federal Clean Water 
Act, 33 U.S.C. 1251, et seq., and defined 
at 33 C.F.R. 328.3; 

(9) A location shall not be selected to be 
placed within 0.25 rmles of licensed and 
existing prisons, jails, hospitals, nursing 
homes, day care centers, nurseries and 
schools. Existing shall mean in operation 
prior to September 25, 1989. 

(b) For purposes of G.S. 130B-1 1(c)(1) and (2) 
and this Section, Interstate Highway System shall 
mean those existing as of September 25, 1989, 
and those with a proposed completion date on 
or before the first day of operation of the facility. 

(c) For purposes of G.S. 130B- 1 1(c)(3): 

(1) Existing state or national parks or forests 
shaU be those areas which are in existence 
as of September 25, 1989, and shall in- 
clude wilderness areas, the State Nature 
and Historic Preserve, public recreation 
areas or areas which the state may be au- 
thorized to preserve, conserve, or protect 
under Article XIV, Section 5 of the North 
Carolina Constitution; existing sites that 
have been acquired for any of the same, 
as identified by the Secretary of the De- 
partment of Environment, Health, and 
Natural Resources; and proposed sites for 
any of the same, as identified by the Sec- 
retary of the Department of Environment, 
Health, and Natural Resources, provided 



that the proposed site has been formally 
designated for acquisition by the govern- 
mental agency having jurisdiction on or 
before September 25, 1989; 

(2) Existing wildhfe refuges shall include pre- 
serves or management areas, and pro- 
posed sites for the same, as identified by 
the Wildlife Resources Commission, pro- 
vided that the proposed site has been for- 
mally designated for acquisition or for 
inclusion in a cooperative agreement by 
the governmental agency having jurisdic- 
tion on or before September 25, 1989; 

(3) Existing historical sites are historic places 
that are listed, or have been approved for 
listing prior to September 25, 1989, by the 
North Carolina Historical Commission, 
in the National Register of Historic 
Places; historical, archaeological, and 
other places and properties owned, man- 
aged or assisted by the State of North 
Carolina pursuant to Chapter 121; and 
properties or areas that are designated 
prior to September 25, 1989, by the Sec- 
retary of the Interior as registered natural 
landmarks or as national historic land- 
marks. 

Statutory Authority G.S. l30B-7(a)(5): 
l30B-7(a)(24); I SOB- 1 3. 

SECTION .0300 - SITE SELECTION 
PROCEDURE 

.0301 GENERAL 

The site selection procedure is -outlined in G.S. 
130B-11. Additional procedures relating to the 
site selection process are contained in the rules in 
this Section. 

Statutory Authority G.S. 130B-7(a)(5); I50B-I3. 

.0302 COMMLMTIES INTERESTED IN 
HOSTING FACILITIES 

(a) The Commission shall actively seek com- 
munities interested in hosting hazardous waste 
facilities in accordance with G.S. 130B-ll(a) and 
the procedures contained in this Rule. 

(b) The Commission may evaluate other areas 
while actively seeking communities interested in 
hosting hazardous waste facilities. 

(c) If a suitable site is identified in a volunteer 
county, the Commission may cease other efforts 
to locate a suitable site, in accordance with G.S. 
130B-23. 

(d) The Commission shall suggest that a com- 
munity interested in hosting a hazardous waste 
facility form a Community Site Review Com- 
mittee. 



718 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) The Commission shall provide information 
to communities interested in hosting a facility 
concerning: 

(1) the opportunities for involvement in the 
site selection process through the Com- 
munity Site Review Committee, and 
through the local government advisory 
process; 

(2) the means available to minimize risk to 
health, safety, and the environment; and 

(3) the economic benefits available to the host 
community. 

(f) A county which wishes to volunteer, and 
has taken a vote pursuant to G.S. 130B-23(a), 
shall notify the Commission in writing. 

(g) The Commission may, at the request of the 
county commissioners, assist a volunteer county 
in holding public meetings or public hearings. 

Statutory Authority G.S. l30B-7(a)(24); 
I30B-Il(a): I30B-Il(cl); l30B-23(a); 

1 SOB- 1 3. 

.0303 STATEWIDE SCREENING FOR 
SLITABLE SITES 

(a) The Commission shall institute a statewide 
screening process to identify suitable sites in ac- 
cordance with G.S. 130B-ll(b) and the proce- 
dures contained in this Rule. 

(b) I he identification shall be made based on 
technical siting criteria set out in G.S. 130B-11 
and 4 NCAC 18 .0200, including meteorological 
factors, and shall use readily available data. 

(c) The statewide screening process to be used 
by the Commission is a search of the entire .state 
which will be accomplished by successively 
eliminating unsuitable areas. The first screening 
process will exclude general areas under the cri- 
teria set out at 4 NCAC 18 .0202. The Com- 
mission will develop other sets of site selection 
criteria which will be done through the rulemak- 
ing procedures set out at G.S. 150B. Following 
each set of criteria, another screening process will 
be initiated to eliminate more unsuitable areas. 



Statutory Authority G.S. 
BOB- 1 1(b): J SOB- 13. 



l30B-7(a)(24); 



.0304 SELECTION OF SUITABLE SITES 

(a) The Commission shall formally designate 
two or three suitable sites in accordance with 
G.S. 130B- 11(e) and the procedures contained in 
this Rule. 

(b) In making these selections, the Commission 
shall evaluate sites using the criteria set out in 4 
NCAC 18 .0202, with special attention to social, 
economic, and environmental factors. 



(c) The Commission shall conduct at least one 
public meeting in each area where a suitable site 
has been selected. Notice of the meeting shall 
be published at least 30 days in advance of the 
meeting. Notice of the meeting shall be pub- 
lished in a newspaper of general circulation in the 
area and shall be sent to the chairman of the 
county commissioners, the county manager and 
the county health director of any county in which 
a potential site has been identified; the mayor, the 
manager and the chairman of the council of any 
municipality in which a potential site has been 
identified, and any person who has requested a 
copy of the notice in accordance with the proce- 
dure set out in 4 NCAC 18 .0103. The notice 
shall include the date, time and place of the 
meeting; topics to be addressed at the meeting; 
the manner in wliich public comment will be ac- 
cepted; and the name, phone number, mailing 
address and location of the individual to contact 
for further information. 

(d) Public comment shall include information 
received at public meetings, information provided 
by community advisory groups, information 
provided by local government representatives, or 
information provided by other individuals or 
groups. 

Statutory Authority G.S. l30B-7(a)(24); 
I30B-Il(a): I30B-Il(b): I SOB- 1 3. 

.0305 SITE DESIGN.\TION REVIEW 
COMMITTEES 

(a) After the Commission has designated two 
or three suitable sites in accordance with 4 
NCAC 18 .0304, notice of this selection shall be 
provided to the county manager, chairman of the 
county commissioners and public health director 
of any county in which a suitable site has been 
identified, and any county adjacent thereto; and 
any person who has requested notice in accord- 
ance with 4 NCAC 18 .0103. 

(b) The Commission shall suggest that the 
county commissioners appoint a site designation 
review conmiittee in accordance with G.S. 
BOB- 19. 

(c) The Commission shall present to the site 
designation review committees all data relating to 
the selection of the site in their county; shall 
provide the committee with data concerning the 
economic incentives related to the location of a 
facility within the county; and shall receive and 
consider comments from the committee as may 
be transmitted by the county board of commis- 
sioners concerning the suitability of the site for 
the location of a facility in accordance with the 
criteria set forth in 4 NCAC 18 .0200. 



NORTH CAROLINA REGISTER 



719 



PROPOSED RULES 



(d) Site designation review committees are eli- 
gible to receive technical assistance grants from 
the Governor's Waste iVlanagemcnt Board, in 
accordance with G.S. BOB- 19(d). 

Statutory Authority G.S. l30B-7(a)(24); 
1 303- 19; I SOB- 1 3. 

.0306 I'KKFKKRKD SITE 

(a) The Commission shall select a preferred site 
in accordance with G.S. 130B-ll(d) and the 
procedures contained in this Rule. 

(b) The site shall be selected in accordance with 
the criteria set out in 4 NCAC 18 .0200. 

(c) Prior to the selection of a preferred site, the 
Commission shall conduct at least one public 
meeting in each county where a suitable site has 
been designated. Notice of the meeting shall be 
published at least 30 days in advance of the 
meeting. Notice of the meeting shall be pub- 
lished" in a newspaper of general circulation in the 
county and shall be sent to the chairman of the 
county commissioners, the county manager and 
the county health director of any county in which 
a suitable site has been identified; the mayor, the 
manager and the chairman of the council of any 
municipality in which a suitable site has been 
identified, and any person who has requested a 
copy of the notice in accordance with the proce- 
dure set out in 4 NCAC 18 .0103. The notice, 
shall include the date, time and place of the 
meeting; topics to be addressed at the meeting; 
the manner in which pubbc comment will be ac- 
cepted; and the name, phone number, mailing 
address and location of the individual to contact 
for further information. 

(d) Information considered during the selection 
process shall include information provided by the 
site designation review committees and informa- 
tion obtained at the public meetings, and may 
include additional information wliich the Com- 
mission deems appropriate. 



(b) The Commission shall provide the pre- 
ferred site local advisory corrmiittee with all in- 
formation requested concerning the facility 
including permit applications, compensation 
available to local government, and environmental 
and socioeconomic impact of the proposed facil- 

(c) The Corrmiission shall consider all infor- 
mation provided by the preferred site local advi- 
sory committee in the Commission's negotiations 
with any local government or its designee in ac- 
cordance with G.S. 130B-21. 

(d) The preferred site local advisory committee 
is ehgible to receive funds from the local appli- 
cation fee through the Governor's Waste Man- 
agement Board in accordance with G.S. 
130B-20(c) and G.S. 130B-20(d). - 



Statutory A uthority 
I30B-II; I SOB- 1 3. 



G.S. I30B-7(a)(24); 



Til LE 7 - DEPARTMENT OF CULTURAL 
RESOURCES 

ly otice is hereby gi\'en in accordance with G.S. 
I SOB- 1 2 that the Cultural Resources/ Archives and 
History intends to adopt rule(s) cited as 7 NCAC 
4V .0101 - .01 OS, .0201 - .0202. 

1 he proposed effective date of this action is 
March I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on November IS, 1989 at 109 E. Jones Street 
(Archives and History - State Library Building), 
Room 30S. 

\^ omment Procedures: Written comments to 
Dr. William S. Price, Jr., Director, Division of 
Archives and History, no later than S:00, Tuesday, 
November 14. 



Statutory Authority 
130B-20; 1 SOB- 13. 



G.S. l30B-7(a)(24); 



CHAPTER 4 - DIVISION OF ARCHIVES AND 
HISTORY 



.0307 PREFERRED SITE LOCAL ADVISORY 
COMMIT I EE 

(a) Upon selection of a preferred site, the 
Commission shall notify the county manager, the 
chairman of the county commissioners and pub- 
Uc health director in the county in which the site 
is located and suggest the establishment of a 
preferred site local advisory committee in ac- 
cordance with G.S. 130B-20. The Commission 
shall also notify any person who has requested a 
copy of the notice in accordance with the proce- 
dure set out in 4 NCAC 18 .0103. 



SUBCHAPTER 4V - OUTER BANKS HISTORY 
CENTER 

SECTION .0100 - OUTER BANKS HISTORY 
CENTER: USE AND SERVICES 

.0101 STAIEMENT OF PURPOSE 

The purpose of the Outer Banks History Center 
is to promote and safeguard the documentary 
and cultural heritage of the state by collecting, 
preser\'ing, and cataloging published works, ma- 
nuscripts, audio-visual, and graphic materials re- 
levant to the history of North Carolina and the 



720 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Outer Banks; to make these materials a\ailable 
to the pubhc on a regulady-scheduled basis; to 
sponsor research projects in North Carolina 
coastal history; to provide professional and tech- 
nical assistance to patrons; and to operate a 
public history gallery. 

Staiutory Authority G.S. 121-4(3): I21-5(d); 
l43B-62(2)a.. 

.0102 Ol TKR BANKS HISTORY CENTKK 
SEARCH ROOM HOI RS 

(a) The Outer Banks IIistor>' Center Search 
Room is open to the public from 9:00 a.m. to 
5:00 p.m. Monday through Friday. 

(b) The Outer Banks Iliston,- Center Search 
Room is closed on Saturdays, Sundays, official 
state holidays, and two days in January for in- 
ventory. 

Statutory Authoritv G.S. 121-4(3); I2l-5(d); 
l43B-62(2)a.. 

.0103 OLTER BANKS HISTORY CENTER 
REFERENCE AND TECHNICAL 
SERVICES 

Reference and technical ser\iccs available to the 
public are outlined in a brochure available in the 
lobby of the Outer Banks History Center. 

Statutory Authority G.S. 121-4(3); I2l-5(d); 
1 438-62(2) a.. 

.0104 ADMISSION TO OLl ER BANKS 
HISTORY CENTER S lACKS 

Permission for extended access to the Outer 
Banks History Center stacks may be obtained 
from the Curator, provided that a letter of appli- 
cation is submitted stating the material to be 
consulted and the reason why the research can- 
not be conducted from the Search Room. Upon 
verbal request, stack access not to exceed two 
hours may be granted by the Curator or his des- 
ignated representative, provided that the person 
granted this access is accompanied by a member 
of the Outer Banks History Center staff. 

Statutory Authority G.S. 121-4(3); 121-5(d); 
l43B-62(2)a.. 

.0105 OLTER BANKS HISTORY CENTER 
SEARCH ROOM REGLLATIONS 

Regulations governing public use of the Outer 
Banks History Center Search Room are as fol- 
lows: 
(1) Briefcases, coats, privately-owned books, 
papers, and similar materials considered in- 
appropriate by the Outer Banks History 
Center Curator may not be carried into the 



Search Room. Lockers are provided in the 
lobby for such materials. 

(2) Admission to the Search Room shall be 
granted only after proper identification is 
provided to the attending staff member. 
Researchers may be registered by either a 
daily admission slip or by a permanent pa- 
tron identification card. The initial perma- 
nent identification card is provided 
free-of-charge to any requesting patron; a 
charge of one dollar ($1.00) is assessed for a 
replacement card. 

(3) Researchers wiU request materials by filling 
in call slips and surrendering their admission 
slip or patron card to the Search Room staff. 

(4) WTien a researcher has completed use of the 
materials, a Search Room staff member 
must be notified. The staff member may 
inspect these materials and any personal 
property carried into the Search Room be- 
fore returning the researcher's patron card 
or daily admission slip. 

(5) Researchers must exercise care in the use 
of materials, specifically observing the fol- 
lowing: 

(a) .Materials ma\ not be marked or otherwise 
altered or defaced. 

(b) Pencils are the only writing instruments 
permitted in the Search Room. 

(c) All materials are to be placed flat on tables 
or on stands: matenals may not be held 
in the lap or propped against the edge of 
a table. 

(d) Materials, including those from the Search 
Room reference case, may not be re- 
moved from the Search Room area. 

(e) To avoid possible mixing of records, only 
one box or folder of loose material may 
be opened at one time. 

(6) Smoking, eating, and drinking are not per- 
mitted in the Search Room when any mate- 
rials from the stacks are present. 

(7) Use of Outer Banks History Center com- 
puters is restricted to scheduled time periods; 
researchers may perform only on-line data- 
base searches and produce only terminal 
display reports; printouts and graphic re- 
productions may be made only by the center 
staff. 

(8) Printouts, graphic reproductions, and pho- 
tocopies will be made on an "as you wait" 
basis if the equipment and operator are 
available. Descriptions of these and similar 
ser\ices, the procedures for requesting these 
services, and their current costs, are de- 
scribed in an informational brochure avail- 
able in the Outer Banks History Center 
Lobby. 



NORTH CAROLINA REGISTER 



721 



PROPOSED RULES 



Statutory Authority G.S. 121-4(3); I2l-5(d); 
l43B-62(2)a.. 

SFXTION .0200 - PLBIJC HISTORY GALLERY 
LSE 

.0201 PLBLIC HISTORY GALLERY HOURS 

(a) The Public History Gallery of the Outer 
Banks History Center is open to the public from 
10:00 a.m. to 4:00 p.m. Monday through Friday. 

(b) The Public History Gallery is closed on 
Saturdays, Sundays, official state holidays, and 
upon occasion, for announced meetings, special 
events, or exhibit preparation. 



Statutory Authority G.S. 
l43B-62(2)a.. 



121-4(3): I2l-5(d); 



.0202 PLBLIC HISTORY GALLERY 
REGULATIONS 

(a) Eating, drinking, and smoking are not per- 
mitted in the Gallery. 

(b) Visitors may not touch art works or 
graphics. 

(c) Children under 1 2 years of age must be ac- 
companied by an adult. 

Statutory Authority G.S. 121-4(3); I2l-5(d); 
/43B-62(2)a.. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources! Division of Medical Assistance intends 
to adopt rule(s) cited as 10 NCAC 26B .0120 - 
.0121. 

1 he proposed effective date of this action is Fe- 
bruary I, 1990. 

I he public hearing will be conducted at 1:30 
p.m. on November 15, 1989 at North Carolina 
Division of Medical Assistance, 19S5 Umstead 
Drive, Room 201, Raleigh, North Carolina 27603. 

(comment Procedures: Written comments con- 
cerning these proposed adoptions must be submit- 
ted by November 15, 1989, to: Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, N.C. 
27603, ATTN.: Bill Hottel, APA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request from the same address. 



CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL ASSISTANCE 
PROVIDED 

SECTION .0100 - GENERAL 

.0120 DURABLE MEDICAL EQUIPMENT 

(a) Medically necessar>' durable medical 
equipment (D.ME) is covered by the Medicaid 
program when it is prescribed by a physician. 
Prior approval must be obtained from the Divi- 
sion of \ledical Assistance. 

(b) Payment for durable medical equipment is 
limited to the official, approved DME list estab- 
lished by the Division of Medical Assistance. 
Additions, deletions or revisions to the DME list 
are approved by the Director of the Division of 
Medical Assistance upon recommendation of 
DMA staff and /or consultants. Only items de- 
termined to be medically necessary, effective and 
efficient may be included. 

(c) Providers of durable medical equipment 
must demonstrate the capacity to train recipients 
in the use of equipment provided. Providers 
must demonstrate the capacity to repair and 
maintain equipment provided. Providers must 
warranty to industry' standards equipment pro- 
vided. Pro\iders must possess a state business 
license and be certified to participate in Medicare 
as a D.ME supplier, and meet additional certif- 
ication standards if invasive equipment is part of 
the equipment supplied. 



Authority G.S. 
440.70(b)(3). 



108A-25(b); 42 C.F.R. 



.0121 PRIVATE DUTY NURSING 

(a) Medically nccessars' private duty nursing 
(PDN) services are provided when prescribed by 
a physician and approved by the Division of 
Medical Assistance or its agent. 

(b) Private duty nursing services are covered 
only when provided in the client's own home. 

(c) Pri\ate duty nursing ser\ices are approvable 
when other Medicaid services, such as home 
health services, cannot adequately meet the needs 
of the client. 

(d) Medicaid payments for PDN are made only 
to agencies which are accredited in the provision 
of in-home nursing care by the Joint Committee 
on the Accreditation of Hospital Organizations 
(JCAIIO), the National League for Nursing or 
who are state licensed and or Medicare certified 
as a home health agency. 

Authority G.S. 108A-25(b); lOSA-54; 42 C.F.R. 
440.80. 



722 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



•k-k^k-k-k'k-kie-k'k-k-kik-kie-k-kic 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources! Division of Medical Assistance intends 
to amend rule(s) cited as 10 NCAC 50A .0201; 
10 NCAC SOB .0311, .03/3, .0403. 

1 he proposed effective date of this action is Fe- 
bruary I, 1990. 

1 he public hearing will be conducted at 1:30 
p.m. on November IS, 1989 at North Carolina 
Division of Medical Assistance, I98S Umstead 
Drive, Room 201, Raleigh, North Carolina 27603. 



Co 



'Omment Procedures: Written comments con- 
cerning these amendments must be submitted by 
November IS, 1989, to: Director, Division of 
Medical Assistance, I98S Umstead Drive, Ra- 
leigh, N.C. 27603. Oral comments presented at 
the hearing may be time limited at the discretion 
of the hearing officer. Submittal of written copies 
of oral statements is encouraged. In addition, a 
fiscal impact statement on these proposed rule 
amendments is (rvailable upon written request 
from the same address. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50A - GENERAL PROGRAM 
ADMINISTRATION 

SECTION .0200 - DEFINITIONS 

.0201 DEFINITIONS 

For purpose of this Chapter, are the following 
definitions: 

(1) "M-AA" means a program of medical as- 
sistance to persons 65 years of age and older, 
and also means the assistance itself. 

(2) "M-AB" means a program of medical as- 
sistance to blind persons, and also means the 
assistance itself. 

(3) "M-AD" means a program of medical as- 
sistance to disabled persons less than 65 
years of age, and also means the assistance 
itself. 

(4) "AFDC" means a program of assistance 
for families with dependent children, and 
also means the assistance itself. 

(5) "AFDC-MA" means a program of medical 
assistance for families with dependent chil- 
dren, and also means the assistance itself. 

(6) "Appeal" means an oral or written request 
from a client for a hearing to review the ac- 
tion of a county department of social ser- 



vices or the disability decision when the 
client is dissatisfied with the decision in his 
case. 

(7) "Applicant" means an individual who ap- 
phes for assistance through the Medicaid 
program. 

(8) "Application" means a written request for 
assistance on a form prescribed by the state 
which is signed by an applicant or his au- 
thorized representative under penalty for 
perjury. 

(9) "Authorization Period" means the period 
for which all factors of eligibility have been 
established and for which the client is au- 
thorized to receive a Medicaid card and be- 
nefits. 

(10) "Award Letter" means a statement to an 
individual from a governmental or private 
agency indicating benefits for which he is 
eligible. 

(11) "BENDEX" means beneficiary data ex- 
change with the Social Security Adminis- 
tration for social security status and amount 
of benefits. 

(12) "Budget Unit" means all persons consid- 
ered in the determination of eligibility for 
Medicaid. 

(13) "Certification Period" means the months 
for which eligibility is being established. 

(14) "Client" means an applicant or recipient 
of medical assistance. 

(15) "Collateral" means a person/agency who 
can substantiate or verify information nec- 
essary to establish eligibility. 

(16) "Community Spouse" means the spouse 
of an institutionalized spouse. 

(17) (44^ "Contiguous Property" means real 
property with boundaries joining the hom- 
esite of the client. 

(18) f4-?^ "Deductible" means the amount 
which the client must personally spend or 
incur for medical expenses before he can be 
authorized to receive a Medicaid card and 
services which may be billed to the Medicaid 
program. 

(19) f+8) "Deprivation" means the lack of sup- 
port or care from one or both parents (in- 
cluding adoptive parents) of a dependent 
child, as a result of the absence, incapacity, 
or death of either parent. 

(20) (44i) "Disabled Aduh Child" means an in- 
dividual who is blind or permanently and 
totally disabled who is unable to become 
self-supporting after age eighteen. 

(21) f34>) "Disregard of Earned Income" means 
the procedure for exempting certain portions 
of earned income as a resource when deter- 
mining the amount of payment. 



NORTH CAROLINA REGISTER 



723 



PROPOSED RULES 



(22) (^44 "Documentary Evidence" means in- 
formation or records which can be relied on 
to prove the client's statements of fact. 

(23) (4^ "Effective Date" means the date on 
which an action will take effect. 

(24) {i¥} "EPSDT (Early and Periodic Screen- 
ing, Diagnosis, and Treatment)" means a 
program which provides health care for 
AFDC related clients from birth to age 19. 

(25) f34^ "Equity" means the tax value of a re- 
source less the amount of debts, liens or 
other encumbrances. 

(26) (4^ "Excluded Income" means money re- 
ceived by a member of the budget unit 
which is not counted in determining eligi- 
bility for assistance. 

(27) f3^ "Greater Weight of Evidence" means 
evidence of such quality as to persuade an 
ordinary and prudent person of the truth or 
falsity of a statement. 

(28) (4^ "Eoster Care Resource" means any 
private home or facility licensed to provide 
full time care to children. 

(29) (3^ "Eraud" means a criminal act in which 
an applicant/recipient makes false state- 
ments and/or withholds information will- 
fully and knowingly with the intent to 
deceive and as a result obtains assistance for 
which he/she is not eligible. 

(.10) fSO^ "Eull-Time Student" means a student 
so designated by the school in which he is 
enrolled. 

(31) f^^ "Good Cause" means an acceptable 
reason for failure to comply with a regu- 
lation. 

(32) "Guardian" means an individual, corpo- 
ration, or disinterested public agent ap- 
pointed by the clerk of superior court to 
replace an individual's authority to make 
decisions about his person, family, or prop- 
erty when the individual docs not ha\e ade- 
quate capacity to make such decisions and 
has been adjudicated incompetent. A guar- 
dian can be a guardian of the person, a 
guardian of the estate, or a general guardian 
which is guardian of both the person and the 
estate. 

(33) (444 "Incapacity" means a physical or 
mental defect, illness or impairment which 
substantially reduces or eliminates a person's 
abihty to support or care for an otherwise 
eligible child, and which is expected to last 
at least 30 days. 

(34) (4^ "Income" means money which is 
available to members of the budget unit for 
their needs. 

(35) (44) "Income, Earned" means money re- 
ceived as a result of employment. 



(36) f44) "Income, Gross" means total income 
before allowable deductions. 

(37) (4^ q. Income, Net means income after all 
allowable deductions. 

(38) {Mrf "Income, Unearned" means money 
received from any source other than em- 
ployment. 

(39) (4?) "Inmate of a Pubbc Institution" me- 
ans a person who Uves in an institution that 
is the responsibiUty of a governmental unit 
or over which a goverrunental unit exercises 
administrative control and which provides 
treatment or services, food and shelter. 

(40) "Incompetent Adult" means an adult who 
lacks sufficient capacity to manage his own 
affairs or to make or communicate impor- 
tant decisions concerning his person, family, 
or property whether such lack ot^^ capacity is 
due to mental illness, mental retardation, 
epilepsy, cerebral palsv, autism, inebriety, 
senility, disease, injury, or similar cause or 
condition who has been adjudicated incom- 
petent by the clerk of superior court. 

(41) "Institutionalized Spouse" means an indi- 
vidual in a medical institution or nursing fa- 
cility or who is described under 42 LSC 
1 396A (a)(10)(A)(ii)(Vr) and who is married 
to an indi\idual who is not in a medical in- 
stitution or nursing facility. 

(42) (4^ "Lile Estate Interest" means the right 
to use property and receive income from the 
property for the remainder of one's life. 

(43) (40) "Long Term Care" means care in: 

(a) a general or specialty hospital in excess of 
60 continuous days, 

(b) a state mental hospital, 

(c) a skilled nursing facility, or 

(d) an intermediate care facUity. 

(44) i4Q} "Patient's Monthly Liability" means 
the amount of a long term care patient's in- 
come that must be paid towards his cost of 
care. 

(45) (44) "Reasonable Classification" means a 
grouping of individuals under age 19 who 
do not meet the AEDC dependent child de- 
finition, but are in need of assistance in fos- 
ter homes or institutions or medical 
facilities. 

(46) (-44) "Remainder Interest" means owner- 
ship interest in property which will be in- 
herited in full or jointly with other 
remainder interest holders at a life interest 
holder's death. 

(47) (44) "Representative" means a person who 
acts on behalf of a client. 

(48) (44) "Reserve" means assets owned by 
members of the budget unit and which have 
a market value. 



724 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(49) f4r^) "ResiJcnce" means the county or state 
where a client lives with intent to remain for 
an indefinite time. Also, a child has the re- 
sidence of the person with whom he resides 
unless he is in the custody of a social services 
agency. 

(50) (4^ "Revocable Trust" means funds held 
in trust which are available for the client's 
use. 

(51) <r^ "RSDI (Retirement, Sur\ivors, Disa- 
bility Insurance)" means Social Security be- 
nefits. 

(52) f4»> "SDX" means State Data Exchange 
with the Social Security Administration for 
the purpose of providing a listing of all per- 
sons receiving supplemental security income, 
their current payment status and amount of 
SSI and other sources of income. 

(53) f4^ "Specified Relative" means a parent 
or a person in one of the following groups: 

(a) any blood relative, including those of 
half-blood, and including first cousins, 
nephews, or nieces, and persons of pre- 
ceding generations as denoted by prefi.xes 
of grand, great, or great-great; 

(b) stepfather, stepmother, stepbrother, and 
stepsister; 

(c) persons who legally adopt a child, their 
parents as well as the natural and other 
legally adopted children of such persons, 
and other relati\es of the adoptive parents 
in accordance with state law; 

(d) spouses of any persons named in the 
above groups even after the marriage is 
terminated by death or divorce. 

(54) fS^ "SSI" means Supplemental Security 
Income - A federal assistance payment for 
aged, blind and disabled persons adminis- 
tered by the Social Security Administration. 

(55) (-§4^ "Stepparent" means a person legally 
married to the parent of a child in the Med- 
icaid budget unit. 

(56) (43) "Timely Notice" means a written no- 
tice to inform the recipient of intended ac- 
tion. No action can be taken to reduce or 
terminate assistance until 10 work days fol- 
lowing the date of the notice. 

(57) f^ "Time Standard" means the require- 
ment to process an application within 45 or 
60 days from the date of application unless 
there is applicant or collateral delay in pro- 
viding information. 

(58) f44) "Verification" means the confirmation 
of facts and information used in determining 
eligibility. 

Statutory Authority G.S. IOSA-25(b); IOSA-54; 
PL. 100-360; P.L. 100-485. 



SUBCIIAPTFR SOB - KLIGIBILITY 
DETKR.MINATION 

SECTION .0300 - CONDITrONS FOR 
ELIGIBILITY 

.0311 RESERVE 

North Carolina has elected the option under 
Section 1902(f) of the Social Security Act to limit 
Medicaid eligibility for the aged, blind or the 
disabled to individuals who meet eligibility re- 
quirements more restrictive than those under 
Supplemental Security Income. Applicants for 
and recipients of Medicaid are expected to use 
their own resources to meet their needs for living 
costs and medical care to the extent that such 
resources can be made available. Certain re- 
sources arc protected to meet specific needs such 
as burial and transportation and a limited 
amount of resources are protected for emergen- 
cies. 
(1) The value of resources that are currently 
available to any budget unit member is 
considered in determining fmancial eligibil- 
ity. A resource is considered available when 
it is actually available and when the budget 
unit member has a legal interest in the re- 
source and he, or someone acting in his be- 
half, can take any necessary action to make 
it available; 

(a) When a rcprcscntati\'e alleges that an 
applicant recipient with excess resources 
is mentally incompetent (and the allega- 
tion can be supported bv a physician's 
statement) and the applicant recipient 
does not have a legal representative ap- 
pointed to act in his behalf that can access 
the applicant's recipient's resources, the 
resources held solely by the 
applicant recipient, or resources held 
jointly when the applicant's/recipient's 
consent and participation are required to 
access the resource, shall be excluded in 
determining countable reserve provided 
the following two conditions are met: 

(i) The petition to have an 

applicant recipient declared incompetent 
is filed with the court within 30 calendar 
days from the date the 

applicant's recipient's representative is in- 
formed of the requirement: and 

(ii) I he petition to have a legal guardian 
appointed is filed with the court within 30 
calendar days of the date the 
applicant's recipient's representative is in- 
formed of the requirement. 

(b) When the conditions in Subparagraphs 
(a)(i) and (ii) are met, the resource is ex^ 



NORTH CAROLINA REGISTER 



725 



PROPOSED RULES 



eluded pro\ided all other conditions of 
eliabilit\ are met . 

(c) Ihc county department of social services 
shall petition the court for incompetency 
and appointment of a taiardian if 

(i) The applicant recipient has no repre- 
sentati\e wilhng or able \o_ act in his be- 
half or the rcpresenlati\e refuses to take 
the required action to petition the court. 
The coLintN shall petition the court to 
ha\e the applicant recipient declared in- 
competent and to ha\e a iiuardian ap- 
pointed within 30 calendar days from the 
date It learns of the representative s refusal 
or unmlliniJiess to petition the court, 
whichever occurs first: or 

(ii) The applicant's recipient's represen- 
tatiye fails to take the required action de- 
fined in Subparauaphs (a)(ii and (ii) 
within M) calendar da\s of the date he was 
informed of the requirement. The county 
shall petition the court within 15 calendar 
days from this date to have the 
applicant recipient declared incompetent 
and to have a legal iiiiardian appointed. 

(d) When the county department of social 
services i^ required to act under Subpara- 
graph (ei(i) or (iii. then the resource is 
excluded in dctcrmininL: countable reserve 
provided all other conditions of eliinbiUty 
are met. 

(e) If the applicant recipient is alle^ied to be 
incompetent dunniz any pnor month or 
months, the resource shall be excluded for 
that month or those months provided the 
conditions m Subparagraphs (a) or {_£]_ are 
met. 

(JX When the 



within 30 calendar davs. within 15 calen- 



court declares the 



applicant recipient inccimpetent and ap- 
points a guardian, if the action to convert 
or expend the resource must tirst be ap- 
proved by the clerk of court, exclude the 
resource until the clerk of court approves 
the action to be taken by the guardian 
provided the guardian petitions the court 
to expend or convert the resource within 
30 calendar davs following his appoint- 
ment as guardian. 

(i) If the guardian petitions the court to 
expend or convert the resource with 30 
calendar davs. the resource, if other\vise 
includable, shall be counted in reser%e be- 
ginning the tirst dav of the month follow- 
ing the month the action is approved bv 
the clerk of court. 

(ii) H the guardian does not petition the 
court to expend or convert the resource 



dar davs from this date the counts de- 
partment of social services shall determine 
if the guardian Jjn acting apprc^pnatelv un- 
der the terms of the guardianship. 
(■A) If the guardian is not acting appro- 
priately in the judgement of the county 
department of social services, the 
county department of social sen.'ices 
shall notify the clerk of court to rev iew 

The recip- 
ontinue to be ex- 



thc actions of the guardian 
ient's resource sha 



c 



eluded until the month following the 
month the clerk of court renders a de- 
cision regarding the guardian or until 
the clerk of court appoints another 
guardian, whichever shall occur last: or 
(B) If the guardian is acting appropriately 
in the judgement of the county depart- 
ment of social services, the resource 
shall be counted in reserve beginning 
the first da\ of the month following the 
month in which this decision is made 
by the county department of social ser- 
vices, 
(g) When the court declares the 

applicant recipient incompetent and ap- 
points a guardian, the guardian shall take 
appropnate action to conv ert or expend a 
resource that does not require approval 
ot^^ the court within 30 calendar davs of his 
appointment. If the guardian does not 
take the required action, the county de- 
partment of social services shall deter- 
mine, within J_5 calendar davs from the 
30th day, if the guardian i^ acting appro- 
priately under the terms of the guardian- 
ship. 
(ii il !ll£ guardian is not acting appropri- 
ately in the judgement of the county de- 
partment ot social services, the county 
department of social ser.ices shall notify 
the clerk of court to review the actions of 
the guardian. The recipient's resource 
shall continue to be excluded until the 
month following the month the clerk of 
court renders 



guardian or unti 



decision regarding the 
the clerk of court ap- 
points another guardian, whichever shall 
occur last: or 
(ii) ]f the guardian is acting appropriately 
in the judgement of the county depart- 
ment of social sen'ices. the resource shall 
be counted in reserve beginnmg the first 
day of the month tbllowing the month in 
which the decision is made bv the county 
department of social services. 



726 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(h) When the court nilcs lluit the 

appHcaiil recipient is competent, his re- 
sources sliall he counted as follows: 
(i) When an applicant is ruled to be com- 
petent and the application is still pendini^, 
his rescHirces shall he counted in deter- 
minini: his eligibility lor all months in 
which assistance is regviested; 
(ii) When a recipient is ruled to be compe- 
tent and: 

(A) The case has been authorized, his 
resources shall be counted beginning 
the hrst day of the month following the 
month he is declared competent; 

(B) I'he case is pending with an unmet 
deductible, his resources shall be 
counted in determining his eligibihty for 
all unauthorized months in the certif- 
ication period. 

(2) The limitation of resources held for reserve 
for the budget unit are as follows: 

(a) For Al'DC related categorically needy 
cases, one thousand dollars ($1,000); 

(b) For aged, blind and disabled cases and 
AFDC related medically needy cases, one 
thousand five hundred dollars ($1,500) for 
a budget unit of one person, two thousand 
two hundred fifty dollars ($2,250) for a 
budget unit of two persons and increases 
of one hundred dollars ($100.00) for each 
additional person in the budget unit over 
two, not to exceed a total of three thou- 
sand, fifty dollars ($3,050); 

(c) For AFDC related medically needy cases, 
one thousand five hundred dollars 
($1,500) for a budget unit of one person, 
two thousand two hundred fifty dollars 
($2,250) for a budget unit of two persons 
and increases of one hundred dollars 
($100.00) for each addition;il person in the 
budget unit over two, not to exceed a total 
of three thou.sand, fifty dollars ($3,050); 

(3) If the value of countable resources of the 
budget unit exceeds the reserve allowance for 
the unit, the case is ineligible: 

(a) f-or All^C related cases and aged, blind 
and disabled cases protected by grandfa- 
thered provisions, and medically needy 
cases not protected by grandfathered pro- 
vision, eligibility begins on the day 
countable resources are reduced to allow- 
able limits or excess income is spent 
down, whichever occurs later; 

(b) For categorically needy aged, blind and 
disabled cases not protected by grandfa- 
thered provision, eligibility can begin no 
eariier than the month countable re- 
sources are reduced to allowable limits as 



of the first moment of the first day of the 
month. 

(4) Resources counted in the determination of 
financial eligibility for aid to the aged, blind, 
and di.sabled cases protected by grandfa- 
thered provisions arc: 

(a) C^ash on hand; 

(b) 'Fhe current balance of savings accounts, 
except savings of a student saving his 
earnings for educational purposes; 

(c) The current balance of checking accounts; 

(d) Cash value of life insurance policies when 
the total face value of all policies that ac- 
crue cash value exceeds one thousand five 
hundred doUars ($1,500); 

(e) Equity in motor vehicles, including motor 
homes, determined to be non-essential 
according to Rule .0403 of this Subchap- 
ter; 

(f) Equity in excess of one thousand dollars 
($1,000) in motor vehicles, including mo- 
tor homes, determined to be essential ac- 
cording to Rule .0403 of this Subchapter: 

(g) Stocks, bonds, mutual fund shares, certif- 
icates of deposit and other liquid assets: 

(h) Promissory notes which are negotiable 
and salable; 

(i) Trust funds; 

(i) i he portion of lump sum payments re- 
maining after the month of receipt; 

(k) Any investment which can convert to 
cash; 

(1) l-quity in real property not used as the 
homesite or not producing an income; 

(m) Value of burial spaces other than spaces 
designated for the eligible individual, the 
eligible individual's spouse, and the eligi- 
ble individual's immediate fimily which 
includes the eligible individual's mint)r 
and adult cliildren, stepchildren, and 
adopted children, brothers, sisters, p;u-- 
ents, adoptive parents, and the spouses of 
those persons; 

(n) Salable remainder interest in life-estate 
property not used as the budget unit's 
homesite; 

(o) Patient accounts in long term care facih- 
tics. 

(5) Resources counted in the determination of 
financial eligibility for aid to the aged, blind 
and disabled cases not protected by grand- 
fathered provisions are: 

(a) (?ash on hand; 

(b) The balance of savings accounts, except 
savings of a student saving his earnings for 
educational purjioses; 

(c) The balance of checking accounts less the 
current monthly income which had been 



NORTH CAROLINA REGISTER 



727 



PROPOSED RULES 



deposited to meet the budget unit's needs 
when rescnc was verified or lump sum 
income from self-employment deposited 
to pay annual expenses; 

(d) Cash value of life insurance policies when 
the total face value of all policies that ac- 
crue cash \alue exceeds one thousand five 
hundred dollars ($1,500); 

(e) Trust funds; 

(f) Stocks, bonds, mutual fund shares, certif- 
icates of deposit and other liquid assets; 

(g) Promissory notes which are negotiable and 
salable; 

(h) Revocable burial contracts and burial 
trusts; 

(i) The portion of lump sum payments re- 
maining after the month of receipt; 

(j) Any investment which can convert to cash; 

(k) Patient accounts in long term care facili- 
ties: 

(1) Equity in motor vehicles determined to be 
non-essential under Rule .0403 of this 
Subchapter or, if no motor vehicle is ex- 
cluded as essential, any equity in excess 
of four thousand five hundred dollars 
($4,500) in a motor vehicle; 

(m) Equity m H*a4 and or pL'rfonal property 
wht ' n t4+e tH^mbinod oquitioo i* Wt- thou 
r . und dollar '. (S6.n00) »f k*s* aft4 t+n? pfe- 
porty doL".' i FH*4- yield a ftet- annual inccMno 
of at- leQ '. t ^+s percent ef t^ equitieo; For 
categorically needy cases: 
(i) Equity in real and or personal property 
when the combined equities is so; thou- 
sand dollars ($6.000) or less and the pro- 
perty does not yield a net annual income 
of at least six percent of the equities; 
(ii) Equity in real and or personal property 
when the combined equities exceed six 
thousand dollars ($6.000); 
(iii) Equity in personal property, subject to 
(5)(m)(i) and (li) " of this Rule, is limited 
to^ 

(A) Mobile homes not used as homesite, 

(B) Boats, boat trailers and boat motors, 

(C) Campers, 

(D) Farm and business equipment; 

(iv) Equity in real property, subject to 
(5)(m)(i) and (ii) of this Rule, is limited 
to interest in real estate other than that 
used as the budget unit's homesite and 
includes: 

(A) Eee simple interest: 

(B) Salable remainder interest; 

(C) Tenancy bv the entireties interest; 



vidual, the eligible indi\'idual's spouse, 
and the eligible indi\'idual's immediate 
family which includes the eligible indi- 
vidual's minor and adult children, step- 
children, and adopted children, 
brothers, sisters, parents, adoptive par- 



ents^ and the spouses of those persons. 
(n) Equity m fer4 and or poroonal property 
^' I' hon y=te combined oquitioo exceed &i* 
thousand dollaro ($6,000); For medically 
needy cases: 
(i) Equity in real and 'or personal property 
that does not produce a net annual in- 
come; 
(ii) Equity in personal property, subject to 
(5)fn)(i) of this Rule, is limited to: 

(A) Mobile homes not used as homesite, 

(B) Boats, boat trailers and boat motors, 

(C) Campers, 

(D) Farm and business equipment; 

(iii) Equity in real property, subject to 
(5)(n)(i) of this Rule, is limited to interest 
in real estate other than that used as the 
budget unit's homesite and includes: 



(A) Fee simple interest: 

(B) EenancN" bv the entireties interest; 

(C) Salable remainder interest; and 

(D) Value of burial spaces other than 
spaces designated for the eligible indi- 
\idual, the eligible 



and the eligibk 



and 

(D) \"alue of burial spaces other than 
spaces designated for the eligible indi- 



mdixiduals spouse. 
indi\iduars immediate 
family which includes the eligible indi- 
vidual's minor and adult children, step- 
children, and adopted children, 
brothers, sisters, parents, adoptive par- 
ents, and the spouses of those persons. 
(e) Equity ift poroonal property, r . ubjeot to f») 
(*») aR4 fft^ »f ifeis Rule, i* Emit e d tef 
fi^ Mobile homeo »»*■ uoed as homeoito, 
(«-^ Boat '. , boat trailers aft4 boat motors, 
fiii-^ Camp e rs. 

f4v4 Farm stti^ buoinooo equipment; 
(f^ Equity m feal prop e rty, subject t« (-») (fR^ 
aft4 ffi-^ »f tfeis Rul e , i* limited to inter e st 

^^T ^^^t^T ^^^^T^^^T ^^^T^^^r v^^^^^T ^^^T^T t^^^^TT C^^ t^^^r 

budget unit's homesite afi4 includes: 
(+) Value ef burial spaces other than spaces 
designated fof Ae e ligible indisiduul, Ae 
ehgible indi' i idual's spouse, aft4 tl^ eligi 
bie indi' i iduals immediate family ss ' liich 
includes U*e eligibl e indi' i iduals minor 
aft4 adult children, stepchildren, aft4 
adopted children, brothers, sisters, f>ds- 
e nts, adoptiv e parents, aft4 tfee spouses ef 
those persons; 
(ii^ Salable life estate interest, 
(«i^ R.emainder intoroot. 



728 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(i¥^ non L ' xcludablo intorost m » probatod 

L"jtut e , 
fv) Ilold i tigs i» land, buf i inooo property ef 

rontal housing; 
(6) Resources counted in tlie determination of 
financial eligibility for categorically needy 
AFDC related cases are: 

(a) Cash on hand; 

(b) The balance of savings accounts; 

(c) The balance of checking accounts less the 
current monthly income which had been 
deposited to meet the budget unit's 
monthly needs when reserve was verified; 

(d) The portion of lump sum payments re- 
maining after the month of receipt; 

(e) Cash value of life insurance policies owned 
by the budget unit; 

(f) Revocable trust funds; 

(g) Stocks, bonds, mutual fund shares, certif- 
icates of deposit and other liquid assets; 

(h) Promissory notes which are negotiable 

and salable; 
(i) Revocable pre-paid burial contracts; 
(j) Patient accounts in long term care facilities; 
(k) /\jiy other investment wliich can convert 

to cash; 
(1) Equity in non-essential personal property 
limited to: 
(i) Mobile homes not used as home, 
(ii) Boats, boat trailers and boat motors, 
(iii) Campers, 

(iv) Farm and business equipment; 
(v) Equity in excess of one thousand five 
hundred dollars ($1,500) in one motor 
vehicle determined to be essential under 
Rule .0403 of this Subchapter; 
(vi) Equity in motor vehicles determined to 
be non-essential under Rule .0403 of this 
Subchapter; 
(m) Equity iff feal proporty, including income 
producing proporty, h©4- uood as t4<« 
budget unit'n homooito; Equity in real 
property is limited to interest in real estate 
other than that used as the budget unit's 
ho me site and is limited to: 
(i) Eee simple interest; 
(ii) Tenancy by the entireties interest; 



(iii) Salable remainder interest; and 
(iv) Value of burial plots. 
(ft) Remainder intorei . t h+ life ootato property 
H^ used as y*«* budget unit's homooite, if 
salable; 
(e^ feife e state interest i» property »»<■ used 
as Ae budget unit's homesite, if salable; 

fp^ Value ef burial plots; 



(b) 
(c) 



(g) 

(h) 

(i) 

(J) 



(7) Resources counted in the determination of 
financial eligibility for medically needy 
AFDC related cases are: 

(a) Cash on hand; 

The balance of savings accounts; 
The balance of checking accounts less the 
currently monthly income which had been 
deposited to meet the budget unit's 
monthly needs when reserve was verified 
or lump sum income from self-employ- 
ment deposited to pay annual expenses; 

(d) Cash value of life insurance policies when 
the total face value of all policies that ac- 
crue cash value exceeds one thousand five 
hundred dollars ($1,500); 

(e) Trust funds; 

(f) Stocks, bonds, mutual fund shares, certif- 
icates of deposit and other liquid assets; 
Promissory notes which are negotiable and 
salable; 
Revocable prepaid burial contracts; 

patient accounts in long term care facilities; 
Any other investment which can convert 
to cash; 
(k) Equity in non-essential, non-income pro- 
ducing personal property limited to: 
(i) Mobile home not used as home, 
(ii) Boats, boat trailers and boat motors, 
(iii) Campers, 

(iv) Farm and business equipment, 
(v) Equity in motor vehicles determined to 
be non-essential under Rule .0403 of this 
Subchapter; 
Equity ift real property »»t- used as tb» 
budget unit's homesite »f »»* producing 
income, if salable; Equity in real property 
not used as the budget unit's homesite or 
not producing a net annual income is 
limited to: 
(i) I ee simple interest; 
(ii) Tenancy by the entireties interest; 
(iii) Salable remainder interest; and 
(iv) Value of burial plots. 
(fft) Remainder interest ift life estat e property 
ftet- used as Vhe budget unit's homesite Bf 
Hot- producing income, if salable; 
(»)■ l-4fe estate interest f+»4- used as the budget 
unit's hom e sit e ef net- producing incom e , 
if salable; 
fe^ V^alue ©f burial plots; 

(8) Resources for reser\'e must be verified and 
documented in client's case record. 

(9) For aged, blind and disabled cases, the mi- 
nimum amount of the "community spouse 
resource allowance" as defined in 42 U.S.C. 
1396 r- 5(f)(2) is the least amount allowed 
under 42 L.S.C. 1396 r-5(f)(2)(A)(i). 



(1) 



NORTH CAROLINA REGISTER 



729 



PROPOSED RULES 



Authority G.S. I08A-54; IOSA-55; I0SA-5S; P.L. 
100-360; P.L. 100-485; 42 i'.S.C. 703, 704. 1396; 
42 C.F.R. 435.121; 42 C.F.R. 435.210; 42 C.F.R. 
435.711; 42 C.F.R. 435.712; 42 C.F.R. 435.734; 
42 C.F.R. 435.823; 42 C.F.R. 435.S40; 42 C.F.R: 
435.841; 42 C.F.R. 435-845; 42 C.F.R. 445.850; 
42 C.F.R. 435.851; 45 C.F.R. 233.20; 45 C.F.R. 
233.5 L 

.0313 INCOMR 

(b) Income from the following sources is not 
counted iii the calculation of Medicaid eligibility: 

(18) In-kind shelter and utility contributions 
paid directly to the supplier and shelter, 
utility, \-^^ A roc MA cql . os, choltur, 
utilitier . . or household furnishings made 
available to the client at no cost; 

(19) Food clothing contributions m 
AFDC Mi\ casor . Contnbutions of food, 
clothing and personal items except for 
food allowance for persons temporarily 
absent in medical facilities up to 12 
months in AFDC- MA cases; 

Authoritv G.S. l08A-25(b); I0S.4-6I; 42 C.F.R. 
435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 
42 C.F.R. 435.811; 42 C.F.R. 435.812; 42 C.F.R. 
435.831; 42 C.F.R. 435.832; 42 C.F.R. 435.1007; 
45 C.F.R. 233.20; P.L. 99-272; Section 12202. 

SKCTION .0400 - BUDGETING PRINCIPALS 

.0403 RESERNE 

(g) For categorically needy aged, blind and 
disabled cases without grandfathered protection, 
nonhome property and personal property that is 
income producing is excluded from resources 
when the budget unit's equity in the property 
does not exceed six thousand dollars ($6,000) and 
the property produces a net amiual return of at 
least six percent of the excludable equity value for 
each income producing activity. 

(h) For j\FDC medically needy AFDC cases 
and medically needy aged blind and disabled 
cases without grandfathered protection, if the 
applicant recipient or any member of the budget 
unit has ownersliip m a probated estate, the value 
of the individual's proportionate share of the 
countable property is a countable resource unless 
the property can be excluded as the homesite or 
as income producing property, as stated in (e) 
and (f) of this Rule. 

(m) The current market \alue of a remainder 
interest in life estate is determined by apphing 
the M<» e - jtat t* ' l aluo remainder interest percentage 
from the chart in Mi\ 2 1 60 et" the .Medicaid El- 
igibility Manual to the tax value of the property. 
If^ Ae life (jf . tati? » M4 Wr mor e than ©ft© porLon, 



check A«» life t'ctatc porcontago fof each aft4 ««e 
t4*e higher valuo. \ lower current market value 
for life oQtato remainder interest may be estab- 
lished by offering the interest for sale and the hi- 
ghest offer received, if any, is less than the \'alue 
determined by application of the values chart to 
the tax value. 

{frf '+4*e current market 'raluo trf remainder ift- 
tere -' t m a life estate vriii be determined by ap- 
plying A(» remainder interest percentage from (+h* 
efew* m Mi\ 2 ' 160 »f Ae .Medicaid Fligibility 
Manual te Ae te* \alue ©f tfe* property. 

(n) fe-^ For all aged, blind and disabled cases, 
up to one thousand five hundred dollars ($1,500) 
may be excluded from countable resources for 
the applicant recipient and his spouse under the 
burial exclusion. Apply the one thousand five 
hundred dollar ($1,500) burial exclusion for each 
individual separately. Only the following re- 
sources may be excluded and they must be ex- 
cluded in the following order: 

(1) Irrevocable pre-need burial contracts, 
burial trusts, or other irrevocable arrange- 
ments established for burial expenses; 

(2) Face value of life insurance policies that 
accrue cash value when the total face va- 
lue of all policies for the budget unit is one 
thousand five hundred dollars ($1,500) or 
less and the cash value was not counted 
in reserve; 

(3) Revocable burial contracts or trusts es- 
tabUshed for burial expenses. Any excess 
remains a countable resource; 

(4) Cash \alue of life insurance that has been 
designated for burial expenses if the cash 
value was considered in determining 
countable rcscr\e. Any cash value in ex- 
cess of one thousand five hundred dollars 
($1,500) remains a countable resource. 

(o) ff4 For aU aged, blind and disabled cases 
and medically needy .AFDC related cases, the 
value of trust funds established for the 
applicant/recipient or for any member of the 
budget unit is a countable resource unless it is 
determined by the courts that the funds are not 
available for the beneficiary of the trust. 

Authority G.S. J08A-54; 108A-55; S.L. 1983. c. 
1116; 42 C.F.R. 435.602; 42 C.F.R. 435.711; 42 
C.F.R. 435.712; 42 C.F.R. 435.734; 42 C.F.R. 
435.821; 42 C.F.R. 435.822; 42 C.F.R. 435.823; 
42 C.F.R. 435.845; 45 C.F.R. 233.20; 45 C.F.R. 
233.51; Deficit Reduction Act of 1984 (P.L. 98- 
369). Section 2373. 

TITLE 15 - DEPAR IMENT OF HEALTH, 

EWTRONMEM , AM) N.ATLRAL 

RESOURCES 



730 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Environmental Management 
Commission intends to amend rules cited as 15 
NCAC 2B .0101, .0201 - .0202. .0301 - .0305, 
.0307 - .03/2, .0315 - .0317. 

1 he proposed effective date of this action is May 
I, 1990. 

1 he public hearings will be conducted at 7:00 
p.m. at the following dates and locations: 

November 21, 1989 

Asheville, NC 
Simpson Administration Bldg. 
Asheville- Buncombe Tech. Inst. 

November 27, 1989 

New Bern, \C 

New Bern Senior High School 

2000 Clarendon Bhd. 

November 28, 1989 

Wilmington, \C 

Bryan .Auditorium, Morton Hall 

UNC- IVilmington 



Co 



■ omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 30 
days after the hearing or may be presented orally 
at the hearing. Oral statements may be limited 
at the discretion of the hearing officer. Submittal 
of written copies of oral statements is encouraged. 
The information package including the lists of 
waters being considered for reclassification as 
High Quality Waters (HQW) and other informa- 
tion relevant to these hearings may be obtained by 
writing or calling: 

Gregory J. Thorpe, PhD 

Division of Em'ironmental Management 

5/2 North Salisbury Street 

Raleigh, North Carolina 276/1 

(9/9) 733-5083 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SLBCIIAI'TER 2B - SI RI ACE WATER 
STANDARDS: MONITORING 

SECTION .0100 - PROCEDl RES FOR 

ASSIGNMENT OF WAI ER QLAIII Y 

STANDARDS 



.0101 GENERAL PROCEDURES 

(e) Supplemental Classifications. 
(5) High Quality Waters (IIQW); waters 
which arc rated as excellent based on bi- 
ological and physical/chemical character- 
istics through division monitoring or 
special studies, ali native and special na- 
tive trout waters (and their tributaries) 
designated by the WUdhfe Resources 
Commission, aii primary nursery areas 
(PNA) designated by the Marine Tisheries 
Commission and other functional nursery 
areas rocogniaod designated by the Wild- 
life Resources Commission or other ap- 
propriate agencies, critical habitat areas 
designated by the Wildlife Resources 
Commission, all water supply watersheds 
which are cither classified as WS-I or 
WS-II or those for which a formal peti- 
tion for reclassification as WS-I or WS-II 
has been received from the appropriate 
local government and accepted by the 
Division of Environmental Management 
and all Class SA waters. 



Statutory Authority 

l43-2/5.3(a)(/). 



G.S. 



/ 43-2 1 4./: 



SECTION .0200 - CLASSIFICATIONS AND 

WATER QL Al ITY STANDARDS APPLICABLE 

TO SURFACE W.VTERS OF NORTH CAROLINA 

.0201 .VNTIDEGRADATION POLICY 

(d) The Commission shall consider the present 
and anticipated usage of High Quality Waters 
(IIQW), including any uses not specified by the 
assigned classification (such as outstanding na- 
tional resource waters or waters of exceptional 
water quahty) and will not allow degradation of 
the quality of High Quality Waters below the 
water quality necessar>' to maintain existing and 
anticipated uses of those waters. High Quality 
Waters are a subset of waters with quality higher 
than the standards and are as described by 15 
NCAC 2B .0101(e)(5). The following proce- 
dures will be implemented in order to meet the 
requirements of this part: 

(2) Development activities wi High Quality 
Wat e r waterr . hods which require a 
Sedimentation/Erosion Control Plan in 
accordance with rules (15 NCAC, Chap- 
ter 4) established by the NC Sedimenta- 
tion Control Commission, and which 
drain to and arc within one mile of High 
Quality Waters (HQW) will be required 
to control runoff from the one inch design 
storm as follows: 
(A) Low Density Option: Developments 
which limit single family developments to 



NORTH CAROLINA REGISTER 



731 



PROPOSED RULES 



one acre lots and other type developments 
to 12 percent built-upon area, have no 
stormwater collection system as defmed in 
15 NCAC 2H .1002(13), and have built- 
upon areas at least 30 feet from surface 
waters will be deemed to comply w ith this 
requirement. Activities conforming to the 
requirements described in 15 NCAC 2H 
.1003(a)(2), (3) will also be deemed to 
comply with this requirement. More 
stringent requirements may be required 
on a case-by-case basis in very sensitive 
areas. 

(B) High Density Option: Higher density 
developments will be aUowed if stormwa- 
ter control systems utiUzing wet detention 
ponds as described in 15 NCAC 2H 
.1003(i), (k) and (1) are installed, operated 
and maintained which control the runoff 
from all built-upon areas generated from 
one inch of rainfall. The size of the con- 
trol system must take into account the 
runoff from any per%'ious surfaces draining 
to the system. More stringent require- 
ments may be required on a case-by-case 
basis in ver\' sensitive areas. 

(C) AU waters classified WS-I or WS-II and 
aU waters located in the 20 coastal coun- 
ties as defmed in Rule 15 NCAC 2H 
.1002(9) are excluded from this require- 
ment since they alread\' ha\e requirements 
for nonpomt source controls. 

If an applicant objects to the requirements to 
protect high quality waters and believes degrada- 
tion is necessary to accommodate important so- 
cial and economic development, the applicant 
can contest these requirements accordinsz to the 
provisions of G.S. 143-215. 1(e) and 150B'-23. 

Statutory Authority G.S. 143-214.1: 143-21 5.1; 
l43-2l5.3(a)(l}. 

.0202 DEFINITIONS 

The defmition of any word or phrase used in 
these rules shall be the same as given in /Vrticle 
21, Chapter 143 of the General Statutes of North 
Carolina. The following words and phrases, 
which are not defmed in this article, wUl be in- 
terpreted as follows: 
(1-11) No Change 

( 12) Critical habitat areas are defmed for the 
purposes of the rules of this Section as those 
waters which are considered to be essential 
for the continued existence of an endangered 
or threatened species, and which are so des- 
ignated bv the NC Wildlife Resources 
(Commission. 



Statutory A uthority 
143-215.3(a)(l). 



G.S. 



1 43-2 1 4. 1: 



SECTION .0300 - .ASSIGNMENT OF STRE.\M 
CL.\SSIFICATIONS 

.0301 CL.ASSIFICATIONS: GENERAL 

(c) Classifications. The classifications assigned 
to the waters of North Carolina are denoted by 
the letters WS-I, WS-II, WS-III, B, C, SA, SB, 
and SC in the column headed "class." A brief 
explanation of the "best usage" for which the 
waters in each class must be protected is given 
as follows: 



Fresh Waters 



Class WS-I: 



Class WS-II: 



(12 - 39) To be renumbered (13 - 40) 



Class WS-III: 



Class B: 



waters protected as water 
supplies which are in na- 
tural and uninhabited or 
predominantly undevel- 
oped (not urbanized) wat- 
ersheds; no point source 
discharges are permitted, 
except those existing dis- 
charges qualifying for a 
General Permit according 
to the requirements of 15 
NCAC 2H .0131 specif- 
ically approved by the 
Commission at the time 
of classification: and local 
land management pro- 
grams to control nonpoint 
source pollution are re- 
quired; suitable for all 
Class C uses; 
waters protected as water 
supplies which are in low 
to moderately developed 
(urbanized) watersheds; 
discharges are restricted to 
primarily domestic waste- 
waters or industrial non- 
process waters specifically 
approved by the Commis- 
sion; local land manage- 
ment programs to control 
nonpoint source pollution 
are required; suitable for 
all Class C uses; 
water supply segment \sith 
no categorical restrictions 
on watershed development 
or discharges; suitable for 
all Class C uses; 
primap,' recreation and 



732 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) March 1, 1977; 

(3) August 12. 1979; 

(4) Apnl 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) Fcbruarv- 1, 1986; 

(8) Mav 1, 1987; 

(9) March 1, 1989; 

(10) October 1. 1989; 

(11) Fcbruarv K 2990. 



Statutory Authority G.S. 143-214. 1; 143-215.1; 
143-21 5.3(a)(1). 

.0305 WATALG.\ RIVER BASIN 

(c) The Watauga River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) August 12, 1979; 

(2) February 1, 1986; 

(3) October 1, 1987; 

(4) July 1, 1989; 

(5) February- 1. 1990. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l). 

.0307 NEW RIN ER BASIN 

(c) The New Ri\er Basin Schedule of Classi- 
fications and Water Quality Standards was 
amended effective: 

(1) August 10, 1980; 

(2) April 1, 1983; 

(3) February- 1, 1986; 

(4) July 1, l'989; 

(5) February K 1990. 

Statutory .Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l I. 

.0308 C.\T,UVBA RIN ER B.\SIN 

(c) The Catawba River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) March 1. 1977; 

(2) August 12, 1979; 

(3) April 1, 1982; 

(4) January 1, 1985; 

(5) August 1, 1985; 

(6) February 1, 1986; 

(7) March 1, 1989; 

(8) Mav 1, 1989; 

(9} Februap.- 1. 1990. 



(c) The Yadkin- Pee Dee River Basin Schedule 
of Classifications and Water Quality Standards 
was amended effective: 

(1) February 12, 1979; 

(2) March 1, 1983; 

(3) August 1, 1985; 

(4) February 1, 1986; 

(5) October 1, 1988; 

(6) March 1, 1989; 
[7} February- 1, 1990. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l). 

.0310 LLMBER RI\ ER BASIN 

(c) The Lumber River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) .March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) Apnl 12, 1981; 

(5) Apnl 1, 1982; 

(6) February- 1, 1986; 

(7) February 1. 1990. 

Statutory .Authority G.S. 143-214.1; 143-215.1; 
l43-215.3(a)(l). 

.031 1 CAPE FEAR RI\ ER BASIN 

(b) The Cape Fear Riyer Basin Schedule of 
Classification and Water Quality Standards was 
amended effectiy-e: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) December 14, 1980; 

(4) August 9, 1981; 

(5) Apnl 1, 1982; 

(6) December 1, 1983; 

(7) January 1, 1985; 

(8) August 1, 1985; 

(9) December 1, 1985; 

(10) Febniarv 1, 1986; 

(11) July 1, 1987; 

(12) October 1, 1987; 

(13) March 1, 1988; 

(14) June 1, 1988; 

(15) July 1. 1988; 

(16) February 1. 1990. 



143-214.1; 143-215.1; 



Statutory Authority G.S. 
143-215.3(a)(l). 



Statutory Authority G.S. 143-214.1; 
143-215.3(a)(l). ' 



143-215.1; 



.0309 VADKIN-PEE DEE RIVER BASIN 



.0312 WHITE OAK RIVER B.\SIN 

(b) The White Oak River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) December 13, 1979; 



734 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) June 1, 108S; 
(^ Ichmary I. 1990. 



****************** 



Statutory Atitfwrity G.S. 143-214. 1; 143-215. 1; 
l43-2l5.3(a)(l). 

.0315 NKIJSK KIVKR BASIN 

(b) The Neuse River Basin Schedule of Clas- 
sification and Water Quality Standards was 
amended effective: 

(1) March I, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) January 1, 1982; 

(6) April 1, 1982; 

(7) December 1, 1983; 

(8) January 1, 1985; 

(9) August 1, 1985; 

(10) February 1, 1986; 

(11) May 1, 1988; 

(12) July 1, 1988; 

(13) October 1, 1988; 

(14) February 1, 1990. 



Statutory Authority G.S. 
l43-2l5.3(a)(l). 



143-214. 1; 143-215. 1; 



.0316 TAR-PAMLICO RIVER BASIN 

(c) The Tar- Pamlico River Basin Schedule of 
Classification and Water Quahty Standards was 
amended effective: 

(1) March 1, 1977; 

(2) November 1, 1978; 

(3) June 8, 1980; 

(4) October 1, 1983; 

(5) June 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) August 1, 1988; 

(9) February 1, 1990. 

Statutory Authority G.S. 143-214. 1; 143-215. 1; 
l43-2l5.3(a)(l). 

.0317 PASQUOTANK RINKR BASIN 

(c) The Pasquotank River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) May 18, 1977; 

(3) December 13, 1979; 

(4) January 1, 1985; 

(5) February 1, 1986; 

(6) February 1, 1990. 



No 



Statutory Authority G.S. 143-214.1; 
l43-2l5.3(a)(l). 



1 43-2 1 5. 1: 



otice « hereby given in accordance with G.S. 
I50B-I2 that the Environment, Health, and Na- 
tural Resources intends to amend rules cited as 
15 NCAC 711 .0308, .1205, .1904; 7.1 .0208, 
.0406; and adopt rules cited as 15 i\CAC 711 
.0603 - .0605; 7M .0901 - .0902, .1001 - .1002, 
.1101 - .1102. 

1 he proposed effective date of this action is 
March I, 1990. 

1 he public hearing will be conducted at / LOO 
a.m. on November 30, J 989 at Ramada Inn, 1801 
S. Virginia Dare Trail, Kill Devil Hills, NC 
27948. 

y^omment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. Any persons desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public hearing. Additional information con- 
cerning the hearing or the proposals may be ob- 
tained by contacting Portia Rochelle, Division of 
Coastal Management, P.O. Box 27687, Raleigh, 
NC 27611-7687, (919) 733-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 711 - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SEC I ION .0300 - OCEAN HAZARD AREAS 

.0308 SPECIFIC USE STANDARDS 

(d) Construction Standards. New construction 
and substantial improvements (increases of 50 
percent or more in value on square footage) to 
existing construction shall comply with the fol- 
lowing standards: 

(1) In order to avoid unreasonable danger to 
life and property, all development shall be 
designed and placed so as to minimize 
damage due to fluctuations in ground ele- 
vation and wave action in a 100 year 
storm. Any building constructed within 
the ocean hazard area shall comply with 
the North Carolina Building Code in- 
cluding the Coastal and Flood Plain 
Construction Standards, Chapter 34, Vol- 
ume \_ or Section 39, Volume 1-B and the 
local flood damage prevention ordinance 



NORTH CAROLINA REGISTER 



735 



PROPOSED RULES 



as required by the National Flood Insur- 
ance I'rogram. If any provision of the 
building code or a tlood damage pre- 
vention ordinance is inconsistent uith any 
of the following ALC standards, the more 
restricti\e provision shall control. Chap 
tef tMt Volumo + &f Section i^ Volumo 
+* »f A«» North Carolina Building Codo, 
L'KCL'pt that- when tmy pro' i ii . ions ef tb» 
building code af» incon - jititent witfe aay ef 
U^ following AFiC ctandcudn. th«» more 
reijtricti' ie pro' . iDiono shall control. 

(2) no change 

(3) All pilings shall have a tip penetration 
greater than eight feet below the lowest 
ground elevation under the structure. P&f 
thos e ntrucluroo which afe placed clooer 
than a IwH* sixty times the annual erosion 

natural ' l egetation. »4i pilings shall have a 
tip penetration trf a* l^a^t- frv» fc^ below 
m e an i^ea lesel ©f sixteen feet- below ai i er 
age original grad e whichever i* least. For 
those structures so located on the primary 
dune or nearer to the ocean, the pilings 
must extend to five feet below mean sea 
level. 

(4) no change 

(-^ AW pilings shall be appropriately treated 
Ve re '. ist decay, insects aft4 corrosion. 

(^ The lowest portion ef Ae structural 
member »f Ae lowest floor (excluding the 
pilings e* columns) shall be elevated 
above Ae V^ yeaf storm elevation pk» 
wave height addition. 

f?) AW exposed struct ur(d connections shall 
be adequately rustproofed »f enclosed. 

(^ AW utility systems shall be located aH4 
construct e d se a§ t» minimLa e ef e liminat e 
storm damage. 

^C^\ J^^^ ^^^^^^^ lUfc^^^^^U ^^^^^ ^^^^^- 1^^^^^ t^^W^^l ^^^7^^ 

^^^^T ^^^^T ^^^^^^^j T^^^^^^^^H ^^^^^T ^^^^^r ^^t^^^P ^^^^T^^j ^^^^^^T 

shall be designed aR4 installed ter 
(A) allow slonn waters te H*ie aft4 flew 

freely under the structure, 
fB^ m4- pennit the broakav i ay walls them 

sehes te become water borne debris, aft4 
fG) Het- cause the accumulation e4^ water 

borne debris. Break away walls shall be 

intended to collapse under stress without 

j e opardising the structural support ef the 

structure. 
(44)^ r^ impenneable (such as asphalt ef ee- 

ment) surfaces shall be allowed evef awy 

functional part ef a complete septic taritr 

system. 



Statutory Authority G.S. II3A-I07(a): 
II3A-I07(b); I I3A-1 I3(b)(6)a..b.,d.; II3A- 
124. 

SECTION .0600 - DEVELOPMENT STANDARDS 
APPLICABLE TO ALL AECs 

.0603 MINLMLM ALTITUDES 

No development shall be allowed in any AFC 
which would result in \iolation of minimum al- 
titude standards adopted by the Federal Aviation 
Administration and codified at 14 CFR Fart 
91.79. Future amendments by the Federal Avi- 
ation Administration shall be deemed to be in- 
corporated into this Rule pursuant to G.S. 
1 SOB- 14(c) unless the Commission objects 
within 90 days of publication of the action in the 
Federal Register. L'pon objection by the Com- 
mission to a change, the Commission shall initi- 
ate rule-making proceedings on incorporation of 
the amendment into this Rule. 'l"he amendment 
will not be incorporated into this Rule pending 
a rule-making hearing and fmal action by the 
Commission on the proposed amendment. 

Statutory Authority G.S. I I3A-I07(a),(b). 

.0604 NOISE POLLUTION 

Except as required for safe aircraft takeoff and 
landing operations, airspace activity associated 
with coastal development shall not impose an 
increase in average noise exceeding 10 dBA above 
background levels. Noise measurements shall be 
normalized Ldn as set forth by the Environ- 
mental Protection .Agency in its report 
550/9-74-004 entitled Information on Levels of 
Environmental Noise Requisite to Protect the 
Public Health and Welfare with an Adequate 
.Margin of Safety. The maximum noise level as- 
sociated with any single event shall not exceed 
85 dBA. These limits shall not apply where 
noise impacts are confmed to surface areas 
owned or controlled by the project's proponent. 
Any noise monitoring required to ensure com- 
pliance with this Rule shall be the responsibility 
of the proponent. 

Statutory Authority G.S. I I3A-I07(a),(b). 

.0605 ELECTROMAGNETIC RADIATION 

Development shall not result in public exposure 
to electromagnetic radiation at levels greater than 
0.2 mW/cm~ for the frequency range of 30 MHZ 
to 300 MHZ. 

Statutory Authority G.S. I I3A-I07(a),(b). 

SECTION .1200 - GENERAL PERMIT 
FOR CONSTRUCTION OF PIERS: 



736 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



DOCKS: AM) HOA I IIOI SKS IN 
I SH AKfNK AM) I'l |{|,l< IKISI \VA I KRS 

.1205 SI'Kni IC: (()M)I IIONS 

(a) I'icrs, lioiks, and boat houses may extend 
or be located up to a maximum of 400 feet from 
the mean high water contour line, or the normal 
water level, whichever is applicable. «* k+ t+w 4 
ftr wi i t t^ r c(Mit(nir Itfw t4 t4**» water body, which 

.11 ■ .IV t f ■ 'l - ^ . - J.»- * . ■! ■•!-«-*--■* 

I, T V T TTT \.' I\ ' '. »V. I TTT nTTTrTTrT 

(k) i^iers and mi^orini; facilities shall be de- 
si uned to prcnide dcK'kint; space lor no more than 
four bivits. 

Statutory Authority G.S. II3A-I07(a): 
I13A-I07(b); ll3A-II3(b); JI3A-J/8.I; II3A- 
124. 

SFXTION .1900 - GENF.RAL PERMIT TO 

Allow FOR TEMPORARY STRIJCTLRES 

Will UN ESTIARINE AND OCEAN HAZARD 

AECS 

.1904 GENERAL CONDITIONS 

(b) There shall be no encroachment oceanward 
of the first line of stable vegetation within the 
ocean hazard AEC except for the placement of 
auxiliary' structures such as signs, fences, posts, 
pilings, etc. by A« ' Jtructuro. 

Statutory Authority G.S. Il3-229(cl); 
II3A-I07(a)(b); II3A-Il3{b); II3A-II8.I. 

SUBCHAPTER 7J - PROCEDURES FOR 

HANDLINC, MAJOR DEVELOPMENT 

PERMI IS: VARIANCE REQl ES TS: APPEALS 

FROM MINOR DEVELOPMEN I PERMH 
DECISIONS: AND DECLARATORY RULINGS 

SECTION .0200 - APPLICATION PROCESS 

.0208 PERMI I CONDITIONS 

(a) Each of the several state review agencies 
may submit specific recommendations regarding 
the manner in which the requested work should 
be carried out and suggest reasonable limitations 
on the work in order to protect the public interest 
with respect to the factors enumerated in G.S. 
113A-120 and/or G.S. 113-229(c). The several 
state review agencies also may submit specific 
recommendations regarding limitations to be 
placed on the operation and/or maintenance of 
the completed project, as necessary to ensure 
continued protection of the public interest with 
respect to those factors; such limitations may in- 
clude requirements for continued monitoring of 
project impacts by the pn^cct proponent and 
public reporting oi_ those results. Such limita- 
tions may be recommended by the department 
or commission to be imposed on the project in 



the form of "permit conditions". Upon the fail- 
ure of the applicant to appeal a permit condition, 
the applicant will be deemed to have amended 
his permit to conform to the conditions imposed 
by the department. Compliance with operational 
and/or maintenance conditions must continue for 
the life of the project. 

(b) The local permit officer may condition a 
minor development permit upon amendment of 
the proposed project to take whatever measures 
may be reasonably necessary to protect the pub- 
lic interest with respect to the factors enumerated 
in G.S. 113A-120. The applicant must sign the 
conditioned grant as an indication of amendment 
of the proposed project in a manner consistent 
with the conditions set out by the local permit 
officer before the permit shall become effective. 

(c) Failure to comply with permit conditions 
constitutes a violation of an order of the com- 
mission under G.S. 1 13A-126. 

Statutory Authority G.S. I13A-I20(b): 
II3A-I24(a)(l); I ISA- 124(c)(5). 

SECTION .0400 - FINAL APPROYAL .AND 
ENFORCEMENT 

.0406 PERMIT ISSUANCE .\ND TRANSFER 

(d) A permit may be transferred to a new party 
at the discretion of the Director of the OlTico 
Division of Coastal .Management upon finding 
each of the following: 

(1) a written request from the new owner or 
developer of the involved properties; 

(2) a deed, a sale, lease, or option to the pro- 
posed new party showing the proposed 
new party as basing the sole legal right to 
develop the project; 

(3) that the applicant transferee will use the 
permit for the purposes for which it was 
issued; 

f4^ vt» change m rogulationw affecting A* 
project; 

(4) (4^ no change in conditions, circumstances, 

or facts affecting the project; 

(5) (4^ no substantial change or modification 

of the project as proposed in the original 
application. 

(e) A person aggrieved by a decision of the 
Director as to the transfer of a pennit may re- 
quest a declaratory ruling by the Coastal Re- 
sources Commission as per 15 NCAC 7J .0600, 
ct. seq. 

Statutory Authority G.S. I I3A-I lS(c); 
ll3A-IJ9(a): / I3A-/24(c)(5). 

SUBCHAPTER 7.M - GENER.VL POLICY 
GUIDELINES Ft)R HIE COASTAL AREA 



NORTH CAROLINA REGISTER 



737 



PROPOSED RULES 



SPXTION .0900 - POLICIES ON USE OF 
COASTAL AIRSPACE 

.0901 DECLARATION OF GENERAL POLICY 

It is hereby declared that the use of aircraft by 
state, federal and local government agencies for 
purposes of managing and protecting coastal re- 
sources, detecting violations of environmental 
laws and regulations and performing other func- 
tions related to the public health, safety and wel- 
fare serves a vital public interest. The 
Commission further fmds that future economic 
development in the coastal area and orderly 
management of such development requires air 
access to and among coastal communities. 



Statutory Authority G.S. 
107. 



II3A-I02(b); I13A- 



.0902 POLICY STATEMENTS 

(a) It is the policy of the State of North Caro- 
lina that access corridors free of special use air- 
space designations shall be preserved along the 
length of the barrier islands and laterally at in- 
tervals not to exceed 25 miles to provide unob- 
structed access both along the coastline and from 
inland areas to the coast. Such access corridors 
shall extend from the surface to an altitude of 
6000 feet above sea level except where commu- 
nication and radar services allow positive aircraft 
control at lower altitudes. 

(b) Development of aviation-related projects 
and associated airspace management practices 
shall, to the maximum extent practicable, facili- 
tate use of aircraft by local, state and federal go- 
vernment agencies for purposes of resource 
management, law enforcement and other activ- 
ities related to the public health, safety and wel- 
fare. In any case, access to restricted areas shall 
be provided on a periodic basis for routine en- 
forcement flights and access shall be provided on 
an emergency basis when required to respond to 
an immediate threat to public health and safety. 



Statutory Authoritv G.S. 
107. 



1 1 3A- 102(b): I13A- 



SECTION .1000 - POLICIES ON 

WATER AND WETLAND BASED TARGET 

AREAS FOR MILITARY TRAINING 

ACTIVITIES 

.1001 DECLARATION OF GENERAL POLICY 

The use of water and wetland-based target areas 
for military training purposes may result in ad- 
verse impacts on coastal resources and on the 
exercise of public trust rights. The public interest 
requires that, to the maximum extent practicable, 



use of such targets not infringe on public trust 
rights, cause damage to public trust resources, 
violate existing water quality standards or result 
in public safety hazards. 



Statutory Authority G.S. 
107. 



1I3A-I02(b); 113A- 



.1002 POLICY ST.ATEMENTS 

(a) It is the policy of the State of North Caro- 
lina that all pubhc trust waters subject to surface 
water restrictions pursuant to 33 USCS 3 for use 
in military training shall be opened to commer- 
cial fishing at established times appropriate for 
harvest of the fisheries resources within those ar- 
eas. 

(b) Where laser weaponry is used, the area of 
restricted surface waters shall be at least as large 
as the recommended laser safety zone. 

(c) Water quality shall be tested periodically in 
the surface water restricted areas surrounding 
such targets and results of such testing shall be 
reported to the Department. 



Statutory Authority G.S. 
107. 



1I3A-I02(b); 113A- 



SECTION .1100 - POLICIES ON EXPOSURE TO 
ELECTRO.MAGNETIC RADIATION 

.1 101 DECL.\R.\TION OF GENERAL POLICY 

Scientific studies have documented that expo- 
sure to electromagnetic radiation tields at certain 
levels may adversely affect human health. The 
public interest requires that such exposure be 
limited to appropriate safety levels. 



Statutory Authority G.S. 
107. 



113A-102(b); 113A- 



.1 102 POLICY STATEMENT 

It is the policy of the State of North Carolina 
that development in the coastal area shall not 
result in public exposure to electromagnetic ra- 
diation at levels greater than 0.2 mW/cm for the 
frequency range of 30 .MHZ to 300 .MHZ as re- 
commended by the report of Scientific Commit- 
tee 53 of the National Council on Radiation 
Protection and Measurements (NCRP, 1986). 



Statutory Authority G.S. 
107. 



113A-!02(b); I13A- 



****************** 



1\ otice is hereby given in accordance with G.S. 
150B-12 that the North Carolina Wildlife Re- 



738 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



sources Commission intends to amend rule cited 
as 15 NCAC I OB .0212. 

1 he proposed effective dale of this action is Fe- 
bruary I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on November 20, 1989 at Room 386, Arch- 
dale Building, 512 N. Salisbury Street, Raleigh, 
North Carolina. 

(comment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from No- 
vember 6, 1989 to December 5, 1989. Such writ- 
ten comments must be delivered or mailed to the 
N.C. Wildlife Commission, 512 N. Salisbury 
Street, Raleigh, N.C. 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0200 - HUNTING 

.0212 FOXES (GRAY AND RED) 

(a) Seasons 

(1) No closed season on taking foxes with 
dogs; 

(2) First Saturday to fourth Saturday in Jan- 
uary with weapons or traps in the follow- 
ing counties: 

iMoxandor 
jVnson 

Brunswick 

Camdun 

Caswell 

Clay 

Currituck 

Edgocombo 

Graham 

Granvill e 

Henderson 

Johnston 

Macon 

Mooro 

Northampton 

Perquimans 

Sampson 

Stanly 

Stokes 

TyreU 



(b) 
(1) 



(2) 



(3) No open weapons or trapping season in 
any other county, except where provided 
by local laws. 
Bag Limit. 
Except in areas of open season for taking 
foxes with weapons or traps, foxes may 
not be intentionally killed by any method; 
In areas of open season set bv the North 
Carolina Wildlife Resources Commission 
for taking foxes with weapons or traps the 
season harvest in each county is limited 
to the number of tags alloted for that 
county. Each fox must be immediately 
tagged at the scene of taking with tag pre- 
viously obtained as provided by 15 
NCAC lOB .0403(d); 
(3) In areas of open season in all areas east 
of Interstate Highway 77 as set b}^ the 
Legislature, the following bag limit ap- 
plies: Daily, two; season, ten. 
Note: Where local laws governing the taking of 
foxes conflict with these Regulations, the local 
laws shall prevail. 

Statutory Authority G.S. 113-134; 113-291.2; 
113-291.4; II3-29I.4A. 

TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

lyotice is hereby given in accordance with G.S. 
I50B-I2 that the State Board of Education in- 
tends to amend rule cited as 16 NCAC 6C .03/0. 

1 he proposed effective dale of this action is July 
I, 1990. 

1 he public hearing will be conducted at 9:30 
a.m. on November 15, 1989 at Education Building, 
Third Floor Conference Room, 116 West Edenion 
Street, Raleigh, NC 27603-17/2. 

K^omment Procedures: Any interested person 
may present vie^vs and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - ELE.MENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0300 - CERTIFICATION 

.0310 STANDARD EXAMINATIONS 

(a) The NTE are the standard examinations 
required for initial certification. 



NORTH CAROLINA REGISTER 



739 



PROPOSED RULES 



(1) For formal admission into an approved 
teacher education program, a person must 
score at least 6^ 639 on the Communi- 
cation Skills Test and h^ 643 on the 
General Knowledge Test. The score on 
the Communication Skills lest will be 
increased to 643 as of Julv _K 1992. 

(2) All applicants for initial certification must 
score at least 644 on the Professional 
Knowledge Test. 

(3) In addition to the Professional Knowledge 
Test, each applicant for initial certification 
must meet minimum teaching area scores 
as follows: 

{M Aft- nducution 5©0 

(J^ Audiology 500 

f€^ nit)logy cm4 (jonorol 

Sci e nce -550 

f©! Buiiinof . o Bducation %^ 

fK^ Chcmiritrf, Phyr . ioo 

aft4 Gt ' n e ral Scionco 
i^ fe^riy Childhood 

nducation 
{G^ I'ducation i» the 

FlomontaP i' School 
(444 liducution »f ti*e 

Mentally Rotardud 
(44 I'ndi ' . ' h 1 anguug e 

aft4 1 itL'iaturt' 
(44 r ronch 
fK4 Gt ' nnan 
(4^ Guidance Counselor 
f\44 Home Fconomico Education 
(^ Induutrial Arts Education 
(04 Mathematico 
fP) Media Specialist - I ibrar>' 

aft4 Audio Visual Sor i icos 
(^ Muc . io Education 
(R) Physical Education 
fS4 Pvoading Spucialic f t 
(4^ Social Studioo 
(4t4 Spanish 
(V) S pooch Communication aft4 

Theatre 
(W4 Speech Pathology 
(A) Agriculture 



(B) Art Education 

(C) Audiology 

(D) Biology 

(E) Biology and General Science 

(F) Business Education 

(G) (Chemistry 

(H) Chemistn'. f^hysics and 
General Science 



^4^ 

5QQ 

^w 
4oa 

420 
400 
i+0 
«0 

^+0 
^40 

140 

^^ 

500 
570 
510 
550 
530 
460 



(E) Education in the 

E^lementary School 
(■M) Education of the 

Mentally Retarded 
(N) Educational Leadership: 

Administration and Super\ision 
(O) English Language 

and Literature 
(P) English Language and 

Literature (Middle Grades 

1 anguage Arts) 
(0) French 
(R) German 
(S) Health Education 
(T) Home Economics Education 
(L) Industrial Arts Education 
(V) Introduction to the 

Teaching of Reading 
(VV) Library Media Specialist 
(X) Marketing Education 
(Y) Mathematics 
(Z) Mathematics (Middle 

Grades .Mathematics) 



Physical Education 
Physics 

Reading Specialist 
School Guidance and 



(AA) .Music Education 

LBJil 
tCC] 

tiiiii 

(. ounseling 
(El ) School Ps\chologist 
(GCj) Social Studies 
(IIH) Social Studies (Middle 

Grades Social Studies) 
(II) Spanish 
(JJ) Special Education 

(Cross Categorical) 
(KK) Speech Communication 
(IL) Speech- Language Pathology 
(M.M) Teaching limolionally 

Disturbed Students 
( N N ) leaching English as a 

Second language 
(OO) leaching Hearing 

Impaired Students 
(PP) Teaching Learning 

Disabled Students 



520 



510 



520 



490 



510 

Q} Fariy Childhood Education 500 

(J) Earth Space Science 470 
(K) Earth Space Science 

(Middle Grades Science) 470 



400 
500 
470 
550 
510 
530 

470 
550 
620 
510 

490 
500 
550 
470 
510 

500 
590 
510 

480 
500 

440 
510 
550 

590 

520 

590 

500 

(QQ) Teaching Visually 

1 landicapped Students 550 

510 (4) If no teaching area score is possible under 

Paragraph (a)(3) of this Rule, the Profes- 
sional Knowledge score satisfies the N TE 
requirement. 
(5) Based on the special nature of the prepa- 
ration for certitication. School Social 
Workers are excluded from NTE regu- 
lations and School Psychologists are re- 
quired to take only the Area examination 
for School Psychologists. 



740 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) Instead of the NTE scores an applicant, 
except a North Carolina approved program 
graduate at the Class A level, may be certified on 
the basis of A« equivalent porccntilo ocoro »» the 
Graduate Record Examinations with minimum 
scores of 380 on the Verbal Ability, 410 on the 
Quantitative Ability, and 380 on the AnaKlical 
Ability examinations. 

Authority G.S. I ISC-l2(9)a.; N.C. Constitution, 
Article IX, Sec. 5. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



A^. 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the State Board of Examiners of 
Electrical Contractors intends to amend rule(s) 
cited as 21 NCAC I SB .0103, .0201, .0208. .0301, 
.0303, .0306, .0401, .0403, .0405 - .0406, .0502 - 
.0505, .0601, .0702 - .0703, .0801, .0809, .0901 - 
.0903, .0905 - .0906, .1001 - .1002. 

1 he proposed effective date of this action is Fe- 
bruary I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on November 16, 1989 at State Board of 
Examiners of Electrical Contractors, 1200 Front 
Street, Suite 105, Raleigh, SC 27609. 

\^ omment Procedures: Any person interested in 
these rules may present oral comments relevant to 
the actions proposed at the public hearing or de- 
liver written comments to the State Board of Ex- 
aminers of Electrical Contractors. 1200 Front 
Street, Suite 105. Raleigh. \C 27609. not later 
than 9:00 a.m. on November 16. 1989. 

CFIAPTER 18 - BOARD OF EXAMINERS OF 
ELECTRICAL CONTRACTORS 

SUBCHAPTER 18B - BOARD'S RULES FOR THE 

IMPLEMENTA HON OF THE ELECTRICAL 

CONTRACTING LICENSING ACT 

SECTION .0100 - GENERAL PROVISIONS 

.0103 ORGANIZATION 

(a) Terms of Officers. The one-year term of 
the chairman, vice-chairman and secretary-trea- 
surer shall commence on July 1 . If the appoint- 
ment or designation of a new member of the 
Board is delayed beyond this date, these ofTicers 
shall continue in office during the interim, and 
the election of new officers shall be for only the 
balance of the year remaining after the appoint- 
ment or designation is made. 



(b) Executive Director. The Board shall em- 
ploy a fuU-time executive director whose duties 
shall be to manage and supervise the office and 
staff in carrying out the policies and directives of 
the Board. The executive director shall handle 
all administrative duties of the Board and such 
other duties as the Board may from time to time 
assign. The executive director is designated the 
legal process agent for the Board upon whom all 
legal process may be served. He shall notify the 
Attorney General of this designation as a process 
agent for the Board and the address at which 
such services may be had. The compensation of 
the executive director shall be fixed by the Board. 

(c) Committees. The chairman of the Board 
may appoint regular, special, and special advisory 
committees. Regular committees facilitate pre- 
scribed phases of the Board's duties and oper- 
ations. Special committees undertake specific 
assignments of the Board. Special advisory 
committees assist the Board's regular or special 
committees with specific board assignments. 

Each regular and special committee shall consist 
of at least three members, two of whom must be 
members of the Board. Each special advisory 
committee may consist of as many members as 
the Board deems necessary to provide the assist- 
ance needed by any regular or special committee 
in carrying out board assignments. The chair- 
man may designate the committee chairman or 
authorize any committee to select its own chair- 
man. Each committee shall be determine the 
time and place of its meetings. A simple major- 
ity of a committee shall constitute a quorum for 
committee action. A simple majority vote of a 
committee quorum shall constitute legal action 
by the committee. 

The date of appointment and term of scrv ice of 
regular committees shall be the same as the terms 
of the chairman and vice-chairman of the Board. 
Special committees and special advisory com- 
mittees shaU serve at the pleasure of the Board. 

Committee action may include investigations, 
research, studies, detailed reviews of the pre- 
scribed areas, and the submittal of reports and 
recommendations to the Board for final action. 

(d) Regular Committees. The regular board 
committees shall be as foUows; 

(1) Application review committee. This 
committee shall review and evaluate 
questionable examination or license ap- 
plications and appeals from any applicant 
dissatisfied with determination made by 
the Board's staff regarding such appli- 
cant's examination or license application. 

(2) Examination committee. This committee 
shall develop the scope and specifications 
of and the questions for the various clas- 



NORTH CAROLINA REGISTER 



741 



PROPOSED RULES 



sifications of examinations, develop ex- 
amination administration and grading 
procedures, review and evaluate examina- 
tion requests, evaluate the examination 
programs of other states, and perform any 
other board assignment Ln the area of 
qualifying applicants for licensure. 

(3) Finance and salary committee. This 
committee shall review the Board's finan- 
cial and accounting records, the annual 
audit of the Board's fiscal matters and the 
Board's fmancial needs and shall recom- 
mend annual fees to fund these needs. It 
shall also review and recommend staff sa- 
laries and perform any other duties per- 
taining to the fiscal matters as may be 
assigned by the Board. 

(4) Rules committee. This committee shall 
periodically review the Board's rules and 
recommend the amendment or repeal of 
existing rules and the adoption of new 
rules for the implementation and admin- 
istration of G.S. Chapter 87, Article 4. 

(5) Disciplinary review committee. This 
committee shall review and make prelimi- 
nary determinations of charges of vio- 
lations, rogiotorod agtiinot liconiiOL's ef A* 
Board. It shall consist of two members 
of the Board and the Board's legal coun- 
sel. 

(e) Meetings. The regular quarterly meetings 
of the Board shaO begin at 9:00 a.m., unless some 
other place or time is set by the Board. Special 
meetings may be held at places and times deemed 
by the chairman to be suitable to accomplish the 
necessary purposes for which the meetings are 
held. 

Statutory Authority G.S. 87-39; 87-40; 87-42. 

SECTION .0200 - EXAMINATIONS 

.0201 REQLIREMENTS FOR ALL 

EXAMINATION APPLICANTS 

(a) To take an examination in any electrical 
contracting license classification, the applicant 
must: 

(1) be at least 18 years of age; 

(2) submit the required duly filed application 
as defined in Rule .0210; 

(3) submit with the application written 
statements from at least two responsible 
persons attesting to the applicant's good 
character; and 

(4) meet any other requirements set out in 
Paragraph (b) of this Rule. 



(b) Fixamination applicants must meet the fol- 
lowing requirements for the specified license 
classifications: 

(1) Limited classification. An applicant must 
have at least two years of primary experi- 
ence or at least one year of primary expe- 
rience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary experience as defmcd 
in Rule .0202 of this Section. 

(2) Intermediate classification. An applicant 
must have at least four years of primary 
experience or at least two and one-half 
years of primary experience supplemented 
by secondary experience equivalent to one 
and one-half years of supplementary pri- 
mary experience as defined in Rule .0202 
of this Section. 

(3) Unlimited classification. An applicant 
must: 

(A) have at least five years of primary ex- 
perience or at least four years of primary 
experience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary experience as defmcd 
in Rule .0202 of this Section; and 

(B) submit with his apphcation written 
statements from at least two responsible 
persons, who are knowledgeable of the 
applicant's electrical experience, attesting 
to the applicant's ability to satisfactorily 
supervise and direct all electrical wiring or 
electrical installation work done by an 
electrical contracting business in the un- 
limited classification. 

(4) Single family detached residential dwelling 
(SP-SFD) classification. An applicant 
must have at least two years of primary 
experience or at least one year of primary 
experience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary' experience as defmed 
in Rule .0202 of this Section. 

(5) Special restricted low voltage (SP-LV) 
classification. An applicant must have at 
least two years of pnmary experience or 
at least one year of primary experience 
supplemented by secondar,' experience 
equivalent to one year of supplementary 
primary experience as defmed in Rule 
.0202 of this Section. An applicant in this 
classification must also receive creditable 
experience for ser\'ice in any of the capac- 
ities listed in Rule .0202 which he gained 
in the low voltage field. 

(6) Special restricted elevator (SP-EL) classi- 
fication. /Vn applicant must: 



742 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(A) have at least four years of primary ex- 
perience or at least two and one-half years 
of primary experience supplemented by 
secondary experience equivalent to one 
and one-half years of supplementary pri- 
mary experience as defuied in Rule .0202 
of this Section. An applicant in this clas- 
sification may also receive creditable ex- 
perience for service in any of the capacities 
listed in Rule .0202 which he gained in the 
elevator field. 

(B) include on his application information 
verifying that he is primarily engaged in, 
or is regularly employed by and will be the 
listed qualified Individual for a fum that 
is primarily engaged in, a lawful elevator 
business in this state. 

(7) Special restricted plumbing and heating 
(SF-PH) classification. An applicant 
must: 

(A) have at least two years of primary ex- 
perience or at least one year of primary 
experience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary experience as defined 
in Rule .0202 of this Section. An appli- 
cant in this classification may also receive 
creditable experience for service in any of 
the capacities listed in Rule .0202 which 
he gained in the plumbing, heating or air 
conditioning field. 

(B) include on his application information 
verifying that he is primarily engaged in, 
or is regularly employed by and will be the 
listed qualified individual for a fum that 
is primarily engaged in, a lawful plumbing, 
heating or air conditioning business in this 
state. 

(8) Special restricted ground water pump 
(SP-WP) classification. An applicant 
must: 

(A) have at least two years of primary ex- 
perience or at least one year of primary 
experience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary experience as defmed 
in Rule .0202 of this Section. An appli- 
cant in this classification may also receive 
creditable experience for ser\'ice in any of 
the capacities listed in Rule .0202 which 
he gained in the ground water pump field. 

(B) include on his application information 
verifying that he is primarily engaged in, 
or is regularly employed by and will be the 
listed qualified individual for a fum that 
is primarily engaged in, a lawful ground 
water pump business in this state. 



(9) Special restricted electric sign (SP-ES) 
classification. An applicant must: 

(A) have at least two years of primary ex- 
perience or at least one year of primary 
experience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary experience as defined 
in Rule .0202 of this Section. An appli- 

_ cant in this classification may also receive 
creditable experience in any of the capaci- 
ties listed in Rule .0202 which he gained 
in the electric sign field. 

(B) include on his application information 
verifying that he is primarily engaged in, 
or is regularly employed by and will be the 
listed qualified individual for a firm that 
is primarily engaged in, a lawful electric 
sign business in this State. 

(10) Special restricted swimming pool (SP-SP) 
classification. An apphcant must: 

(A) have at least two years of primary ex- 
perience or at least one year of primary 
experience supplemented by secondary 
experience equivalent to one year of sup- 
plementary primary experience as defmed 
in Rule .0202 of this Section. An appli- 
cant in this classification may also receive 
creditable experience for service in any of 
the capacities listed in Rule .0202 which 
he gained in the swimming pool field. 

(B) include on his application information 
verifying that he is primarily engaged in, 
or is regularly employed by and will be the 
listed qualified individual for a firm that 
is primarily engaged in, a lawful swim- 
ming pool business in this state. 

Statutory Authority G.S. 87-42; 87-43.3; 87-43.4; 
87-44. 

.0208 SPECIALLY ARRANGED 
EXAMINATIONS 

(a) Specially-arranged examinations are exam- 
inations given in the Board's office or elsewhere 
at a time other than during a regular semi-annual 
examination period. 

(b) Provided the conditions of this Rule are 
met, the Board's staff is authorized to accept ap- 
phcations for specially-arranged examinations, to 
expedite verifications of referenced and qualifica- 
tions of apphcants, and to arrange for such ap- 
plicants to take a specially-arranged examination 
if the staff fmds that a specially-arranged exam- 
ination is justified. Minor irregularities of infor- 
mation in specially-arranged examination 
applications may be waived at the discretion of 
the Board's application review committee. The 
Board shall consider and act on applications at 



NORTH CAROLINA REGISTER 



743 



PROPOSED RULES 



the request of the application review committee 
or on written appeal of an applicant. 

(c) An out-of-state electrical contractor shall 
mean a person, partnership, firm or corporation 
currently operating an electrical contracting bu- 
siness in accordance with the laws of his or its 
home state, outside the State of North Carolina. 
Within reasonable limits, it is the policy of the 
Board to make special provisions on a reciprocal 
basis for out-of-state electrical contractors whose 
circumstances require that they be licensed prior 
to the time when a regular examination is sched- 
uled and when such contractors are not eligible 
for a license pursuant to G.S. 87-50 because no 
reciprocal licensing agreement exists. An out- 
of-state electrical contractor's need to bid or 
otherwise offer to engage in a specific North Ca- 
rolina project, the time-table for which will not 
permit waiting until the next semi-armual exam- 
ination period, may constitute circumstances 
reasonably justifying the scheduling of a special- 
h-arranged examination for the qualifying indi- 
vidual representing such out-of-state electrical 
contractor. 

(1) To be eligible to take a specially-arranged 
examination, the qualifying individual ap- 
plvini; to become qualified must tile with 
the Board an application, together with 
the following: 

(A) Information satisfactorily verifying that 
the out-of-state electrical contractor which 
the qualifying individual represents is en- 
gaged in a lawful electrical contracting 
business in its home state. If the out-of- 
state electrical contractor is required to be, 
and is, licensed in its home state as an 
electrical contractor, this information 
must include written verification that the 
licensing agency of such state will grant 
the same speciaUy-arranged privilege to 
North Carolina electrical contractors. 

(B) Information satisfactorily verifying the 
need for a North Carolina license prior to 
the next semi-annual examination period. 

(C) The specially-arranged application-exa- 
mination fee as prescribed in Rule .0209 
of this Section. 

(D) Information satisfactorily verifying that 
the applicant for the examination has met 
all the minimum requirements applicable 
to the classification involved as prescribed 
in Rules .0201, .0202 and .0210 of this 
Section. 

(2) The Board's staff shall approve the appli- 
cation if the out-of-state electrical con- 
tractor is required to be. and is, licensed 
in its home state as an electrical contractor 
and if the licensing agencv in that state has 



conunitted itself in writing to grant to 
electrical contractors licensed by North 
Carolina the same privilege which the ap- 
plicant is requesting from the Board. 

(3) If the applicant's home state has pro- 
visions for licensing electrical contractors 
and if the licensing agency of that state 
will not agree in writing to reciprocal 
treatment of licensed North Carolina 
electrical contractors, then specific prior 
approval of the Board will be required for 
a specially-arranged examination. 

(4) The applicant shall take the examination 
for the classification of license involved, 
and at such special time and place as mu- 
tually agreed upon by the Board's staff 
and the applicant. 

(5) Specially-arranged examinations shall be 
graded promptly, and immediately there- 
after the applicant shall be notified of the 
results. If the applicant passes, the out- 
of-state electrical contractor which he re- 
presents win be eligible to apply for a 
license based upon his qualifications and, 
upon meeting all of the other license re- 
quirements applicable to the license clas- 
sification involved, as prescribed in 
Section mm Section .0400 of this Sub- 
chapter, a license shall be issued to the 
out-of-state electrical contractor with him 
lir . tod indicated thereon as the qualified 
individual. If the applicant fails the ex- 
amination, he will be required to wait the 
normally-required six-month waiting pe- 
riod between examinations before being 
eligible to take another specially-arranged 
examination. However, if he meets all of 
the other requirements and wishes to ap- 
ply to take another specially-arranged ex- 
amination in a classification lower than 
the classification of his failed examination, 
or to apply to take a regular examination 
during the next semi-annual examination 
period, the normally-required six-month 
waiting period shall not apply. 

(d) A North Carolina electrical contractor shall 
mean a person, partnership, firm or corporation 
licensed by the Board to engage or offer to en- 
gage in the business of electrical contracting 
within the state of North Carolina. Within rea- 
sonable limits, it is the pohcy of the Board to 
make special provisions for a North Carolina 
electrical contractor whose circumstances require 
that it be licensed in a classification higher than 
its current license prior to the time when a regu- 
lar examination is scheduled. This policy shall 
apply to any North Carolina electrical contractor 
holding a current license issued by the Board. 



744 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



A North Carolina electrical contractor's need to 
bid or otherwise offer to engage in a specific 
electrical contracting project having a value ex- 
ceeding the limitations of such contractor's cur- 
rent license, the time-table for which will not 
permit waiting until the next regular semi-annual 
examination period, may constitute circum- 
stances reasonably justifying the scheduling of a 
specially-arranged examination for the qmilifying 
individual representing such North Carolina 
electrical contractor. 

(1) To be eligible to take a specially-arranged 
examination, the individual applying to 
become qualified must file with the Board 
an appbcation, together with the follow- 
ing: 

(A) Information satisfactorily verifying the 
need to have the license upgraded prior to 
the next regular semi-annual examination 
period. 

(B) The specially-arranged application-exa- 
mination fee as prescribed in Rule .0209 
of this Section. 

(C) Information satisfactorily verifying that 
the applicant for the examination has met 
all the minimum requirements applicable 
to the classification involved as prescribed 
in Rules .0201, .0202 and .0210 of this 
Section. 

(2) When an apphcation for a specially-ar- 
ranged examination is received, the 
Board's staff shall detennine if the appli- 
cant is the duly authorized representative 
of an electrical contractor Ucensed by the 
Board and, if so, shall approve the appli- 
cation. 

(3) The applicant shall take the examination 
for the classification of license involved, 
at such time and place as mutually agreed 
upon by the Board's staff and the appli- 
cant. 

(4) Specially-arranged examinations shall be 
graded promptly, and immediately there- 
after the applicant shall be notified of the 
results. If the applicant passes, the elec- 
trical contractor which he represents will 
be ehgible to apply to have its Ucensc up- 
graded based upon the passing applicant's 
qualification and, upon meeting all of the 
other license requirements applicable to 
the Uccnse classification involved, as pre- 
scribed m Section mm Section .0400 of 
this Subchapter, a new hcense shall be is- 
sued to the electrical contractor with him 
li ' jtod indicated thereon as the qualified 
individual. If the applicant fails the ex- 
amination, he will be required to wait the 
noiTnally-required six-month waiting pe- 



riod between examinations before being 
ehgible to take another specially-arranged 
examination. However, if he meets all of 
the other requirements and wishes to ap- 
ply to take another specially-arranged ex- 
amination in a classification lower than 
the classification of his failed examinaticm, 
or to apply to take a regular examination 
during the next semi-annual examination 
period, the normally-required six-month 
waiting period shall not apply, 
(e) For the purposes of this Subsection, the loss 
of a listed qualified individual shall mean a cur- 
rently-licensed electrical contractor being left 
without a listed qualified individual regularly on 
active duty in its electrical contracting principal 
or separate place of business. Within rea.sonable 
limits, it is the pohcy of the Board to make spe- 
cial provisions for an electrical contractor which 
has lost its listed qualified individual to have an- 
other representative take a specially-arranged ex- 
amination for the purposes of maintaining 
continuity of such electrical contractor's business. 
To be ehgible to take a specially-arranged exam- 
ination, the individual applying to become qual- 
ified must fde with the Board an application 
together with the following: 

(1) Information satisfactorily verifying the 
electrical contractor's need for a represen- 
tative to take a specially-arranged exam- 
ination before the next regular 
semi-amiual examination period. 

(2) The specially-arranged apphcation-exami- 
nation fee as prescribed in Rule .0209 of 
this Section. 

(3) Information satisfactorily verifying that the 
appUcant for the examination has met all 
the minimum requirements applicable to 
the classification involved as prescribed in 
Rules .0201, .0202 and .0210 of this Sec- 
tion. 

Statutory Authority G.S. S7-42; 87-43.3; 87-43 .4; 
87-44. 

SECTION .0300 - DEFINITIONS AND 

EXPLANATIONS OF TERMS APPLICABLE TO 

LICENSING 

.0.W1 LISIED QUALIFIED INDIVIDUAL 

f*) A qualified indisidual is eHt» who is quah 
6e4 m a ti pecific licent . e cla ii oification as a re ^. ult 
»f hai l ing taken aft4 par . ued Ae qualifying exam 
ination prer . cribed afnJ adminicterod by t4w Board 
fof ' juch a cku i' . ' ification. 

fb) A listed quahficd individual cannot be "reg- 
ularly on active duty", as the term is used in G.S. 
87-43, during the hours when he has committed 



NORTH CAROLINA REGISTER 



745 



PROPOSED RULES 



himself to work for an employer other than the 
employers on whose license he is the listed a* tbe 
qualified individual. Therefore, no electrical 
contracting work can be done under Ae a license 
e«- which At* quulificd individual i^ li j. tud during 
the hours th^ its listed qualified individual has 
committed himself to duty as an employee in 
other employment. 

Statutory Authority G.S. S7-42; 87-43. 

.0.^03 KLKCIRICAL INSTALL.A TION: 
I'KO.IECI: I'ROJECT VALUE 
LIMIIAIION 

For the purpose of implementing G.S. 87-43.3 
pertaining to the limited and intermediate elec- 
trical contracting liccn.se classifications, the fol- 
lowing provisions shall apply: 

(1) Flcctrical Installation. Electrical work is 
construed to be an electrical installation 
when the work is made or is to be made: 

(a) in or on a new building or structure; 

(b) in or on an addition to an existing building 
or structure; 

(c) in or on an e>dsting building or structure, 
including electrical work in connection 
with lighting or power rewiring or with 
the addition or replacement of machines, 
equipment or fixtures; or 

(d) in an area outside of buildings or struc- 
tures, cither overhead or underground or 
both. 

(2) Project. An electrical installation is con- 
strued to be a separate electrical contracting 
project if all the following conditions are 
met: 

(a) the installation is, or will be, separate and 
independently supplied by a separate ser- 
vice, feeder or feeder system; and 

(b) the installation is for: 

(i) an Individual building or structure which 
is separated from other buildings or 
structures by a lot line or, if located on the 
same lot with other buildings or struc- 
tures, is physically separated from such 
other buildings or structures by an open 
space or by a 75 percent solid masonry fire 
wall at least 12 inches thick; 

(ii) an indi\idual townhouse single-family 
dwelling unit constructed in a series or 
group of attached units with property 
lines separating such units; 

(iii) an individual tenant space in a mall- 
type shopping center; 

(iv) an addition to an existing building or 
structure; 

(v) an existing building or structure, in- 
cluding electrical work in connection with 



lighting or power rewiring or with the ad- 
dition or replacement of machines, equip- 
ment or fixtures; or 
(vi) an outdoor area either overhead or un- 
derground or both. 

(c) the negotiations or bidding procedures for 
the installation are carried out in a manner 
totally separate and apart from the nego- 
tiations or bidding procedures of any 
other electrical installation or part thereof; 

(d) except for new additions, alterations, re- 
pairs or changes to a pre-existing electrical 
installation, no electrical interconnection 
or relationship whatsoever will exist be- 
tween the installation and any other elec- 
trical installation or part thereof; 

(e) a separate permit is to be obtained for each 
individual building structure or outdoor 
area involved from the governmental 
agency having jurisdiction; and 

(f) if a question is raised by a party at interest 

or if requested by the Board or Board's 
Staff for any reason, the owner or the 
awarding authority or an agent of either 
furnishes to the Board, and to the in- 
spections department having jurisdiction, 
a sworn affidavit confirming that each and 
every one of the conditions set forth in 
(2)(a) through (e) of this Rule are satis- 
fied. 

(3) Relationship of Plans and Specifications to 
Definition of Project. E\cn though such 
electrical work may not fully comply with 
each and every condition set out in Subpar- 
agraph (2) of this Rule, the entire electrical 
work, wiring, devices, appliances or equip- 
ment covered by one set of plans or specifi- 
cations is construed to be a single electrical 
contracting project. 

(4) Project Value: Limitation. In determining 
the value of a given electrical contracting 
project, the total known or reasonable esti- 
mated costs of all electrical wiring materials, 
equipment, fixtures, devices, and installation 
must be included in arriving at this value, 
regardless of who furnishes all or part of 
same, and regardless of the form or type of 
contract or subcontract in\olved. As an 
example, on a given electrical contracting 
project, the owner or general contractor wiU 
furnish all or part of the electrical wiring, 
material, etc. and 

(a) if the total cost of the wiring, materials, 
etc., including that furnished by others, 
plus the total cost of the installation in- 
volved, wiU be more than (*«• thouotind 
dollars (SI 0,000) seventeen thousand five 
hundred dollars ($17.500) but not more 



746 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



than ftfty thoufiand dollars ($50,000), sev- 
cnty-rivc thousand dollars (S75,00()), then 
only an electrical contractor holding either 
an intermediate or unlimited license will 
be eligible to submit a proposal or engage 
in the project, 
(b) it" the total cost of the wiring, materials, 
etc., including that furnished by others, 
plus the total cost of the installation in- 
volved, win exceed fifth- thounund dollars 
($■''0,000), seventy-five thousand dollars 
(S75,000), then only an clectnc;d contrac- 
tor holding an unlimited license will be 
eligible to submit a proposal or engage in 
the project. 
If a given electrical contracting project is subdi- 
vided into two or more contracts or subcontracts 
for any reason, then the total value of the com- 
bined contracts or subcontracts which can be 
awarded to or accepted by any one licensee of the 
Board must be within the total project value in 
accordance with this Rule. 

The Board's staff is empowered to make a deter- 
mination of what constitutes a project in any 
given situation, and any party at interest shall 
have the right to appeal any staff determination 
to the Board for a fmal binding decision. 



Statutory Authority G.S. 
I50B-II(I). 



87-42; 87-43: 



.0306 BONA 1 IDE EMPLOYEE 

(a) For the exemption for electrical work done 
as a bona fide employee of a license under G.S. 
87-43.1(3), the following conditions must be met: 

(1) 1 he employing licensee must hold a li- 
cense issued by the Board. The re- 
strictions of the license apply to both the 
licensee and any employee of the licensee. 

(2) The work performed by the individual 
must be performed as an employee of the 
licensee during the hours the individual is 
actually working as an employee of the 
employing licensee, and must be restricted 
to the specific electrical work which the 
individual is doing for, and in the name 
of, the licensee. 

(3) The individual must receive compensation 
from the employing licensee that is rea- 
sonable related to the hours worked or the 
work accomplished by the individual for 
the licensee. 

(4) The related compensation must be re- 
ported by the employing licensee to the 
federal and state tax authorities as earn- 
ings of the indi\idual employee, with ap- 
propriate deductions taken and reported 



for withholding taxes and F-ICA contrib- 
utions. 
(5) Consistent with applicable laws, the Th» 
individual employee must be oloarly cov- 
ered by the employing licensee's workers' 
compensation insurance, as shown by A» 
incluGion ef th« individual's rolatod com 
p e nsation »» tb# promium audit ef tfe» 
liconooo'o inuuranco carrier. 

(b) G.S. 87-43 and G.S. 87-43.2 are interpreted 
as setting out an additional requirement which 
must be met by subject parties in order to qualify 
for the employee exception. These statutes are 
interpreted to require that all electrical work done 
in the name of the employing licensee be per- 
formed under the direction and supervision of a 
listed qualified individual regularly employed by 
the licensee. The Board may, at its discretion, 
call for satisfactory evidence that this requirement 
has been or is being fulfilled with respect to the 
individual employee and the specific work for 
which the exception is claimed. 

(c) G.S. 87-43 and 87-43.2 are further inter- 
preted as placing a joint responsibifity on the 
employing licensee, the individual employee, and 
a every hsted qualified individual who is listed en- 
y*e liconsL'o's licenso cortificato to furnish any in- 
formation the Board may require to evaluate and 
determine a claim of employee exception. Ordi- 
narily, the employing licensee wiU be expected to 
provide information in affidavit form on a form 
furnished by the Board. ' 

(d) When the information furnished to the 
Board does not substantiate compliance with this 
Rule, the individual shall be deemed to be an 
independent contractor rather than an employee 
and shall be subject to G.S. Chapter 87, /\rticle 
4. 

(e) When it is determined that a claim of em- 
ployee exception is not in compliance with this 
Rule, the Board has the duty to determine what, 
if any, action shall be taken with respect to the 
alleged employing licensee or the alleged individ- 
ual employee to assure compliance with the 
North Carolina Hlectrical Contracting Licensing 
Act, so that the life, health, safety and property 
of the public may be protected. 

Statutory Authority G.S. 87-42; I50B-I1(I). 
SECTION .0400 - LICENSING KEQLIKEMENTS 

.0401 LICENSE APPLICANTS: 

REQUIREMENTS FOR EACH 
CLASSIFICATION 

(a) An applicant for an electrical contracting 
license in each of the license classifications shall: 



NORTH CAROLINA REGISTER 



747 



PROPOSED RULES 



(1) submit a completed application to the 
Board on a form pro\idcd by the Board 
for the license classification involved; 

(2) submit the annual license fee for the li- 
cense classification involved as prescribed 
in Rule .0404 of this Section; and 

(3) furnish the name, signature and social se- 
curity number of at least one person to 
be li^ ' tu'd serve as the listed qualified pef- 
soft indi\idual for the applicants license. 

(b) Corporation or Partnership. If the license 
applicant is a corporation or partnership, the ap- 
plication shall contain the names and titles of the 
officers or names of the partners, whichever is 
applicable. 

(c) intermediate and Unlimited Classifications. 
1 i cense applicants in the intcnnediate and un- 
limited classilications shall also furnish a bonding 
ability statement pursuant to G.S. 87-43. 3(a)(4). 

(d) (-ef Special Classifications. A license appli- 
cant in the SP-l-L, SP-PH, SP-WP, SP-ES or 
SP-SP classification must also include on the li- 
cense application information verifying that the 
applicant is conducting a lawful business in the 
State of North Carolina in the license classifica- 
tion in\ol\ed. 

Staiuton- Auihoritv G.S. S7-42; .37-43.2; 87-43.3; 
87-43.4.' 

.0403 SKPARATI. I.ICENSF. RKQl IREMKNTS 

(a) A separate license certificate and license fee 
shall be required for each separate place of busi- 
ness with at least one listed qualified pcroon li '. ted 
individual indicated thereon. No listed qualified 
pori i on indi\idual shall be lif f t e d indicated on 
more than one license certificate at the same 
time. Ihe listed qualified person Bf pcrcons 
li 'i ted indi\idual or indi\iduals indicated on the 
separate license certificate shall be responsible for 
supervising and directing the electrical work per- 
formed by the separate place of business covered 
under the certificate. 

(b) As used in G.S. 87-43, the term "each sep- 
arate place of business" means: 

(1) the one place of business of a firm in the 
case where an electrical contracting firm 
conducts its business from only one place; 
and 

(2) the principal place of business and each 
of the other places of business of a firm in 
the case where an electrical contracting 
fum is conducting its business from more 
than one place. 

SialuKny .■Uithority G.S. 87-42; 87-43; 87-43.2. 
.0405 LICENSE RENEWAL DLE D.VTE 



License renewal applications and fees arc due 
on June 1, and a penalty of +0 percent ©f Ae ii- 
conoQ fe© twcntv-fne dollars (5i25.00) shall be 
imposed upon applications received after June 
30. Applications filed with the Board by mail 
shall be considered filed on the date such mail is 
postmarked. 

Statutory Authority G.S. 87-42; 87-44. 

.0406 RENEWAL AFTER E.XPIRATION OF 
ANNUAL LICENSE 

(a) Subject to Rule .0^)06 of this Subchapter, 
any poriion vr+w* be* been once tkiiy lic e nsed W 
the Board aft4 hcensee whose license has expired 
solely because of failure to apply for renewal may 
apply and have Itts it^ license renewed without 
further examination, and in compliance with the 
penalty provisions contained in G.S. 87-44, if 
that per ' ion applicant makes application therefore 
within a period of 12 months immediately fol- 
lowing the date the license expired. If the appli- 
cation is filed later than 12 months immediately 
following the date the license expired, the appli- 
cant may have the license renewed if, during the 
12 month period immediately preceding the date 
application is filed vsith the Board, the applicant 
applicant's listed qualified individual has been 
primanly. actively and lawfulh engaged (at least 
1,000 hours) as an electrical contractor or in an 
occupation which in the judgement of the Board 
is similar or equivalent to that of an electrical 
contractor. Lawful work as defmed under pri- 
mary experience in Rule .0202 of this Subchapter 
shall be considered as similar or equi\alent to 
that of an electrical contractor. If the applicant 
fails to meet these requirements, he it may obtain 
a new license in accordance with Section .0200 
of this Subchapter and Rule .0401 of this Section. 

(b) The provisions of Section .0600 of this 
Subchapter apply to such persons applicants 
whose last license expired on or before June 30, 
1970. 

Statutory Authority G.S. 87-42. 

SECTION .0500 - LICENSING OPTIONS 

.0502 LISTED QUALIFIED INDIV 

CHANGING FROM ONE LICENSE/ 
ANOTHER 

A listed qualified individual listed indicated on 
a current active license may have his name re- 
moved from that license and added to another 
current active license by submitting to the Board: 
(1) his written request to remove his name 
from the license on which he is currently 
listed; 



748 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) the license certificate on which he is cur- 
rently listed; 

(3) a written request from the person ef &f=f» 
licensee on whose license the listed qualified 
individual is to be fete47 indicated, co-signed 
by the listed qualified individual being ad- 
ded; and 

(4) the current license certificate on which the 
listed qualified individual is to be liutud. in- 
dicated. 

Statutory Authority G.S. 87-42; 87-43. 

.0503 LISTED QUALIFIED INDIVIDLIAL 
OHTAIMNG OWTN LICENSE 

Aft indi' i 'iduul ' . ' ■ ho » ourrontly liutod as a Anv 
listed qualified individual on another person »f 
finn's any license may have his name removed 
from this license and obtain his own license upon 
meeting any current licensing requirements he 
has not previously met and submitting to the 
Board: 

(1) his written request to remove his name 
from the license on which he is currently 
listed; 

(2) the Uccnse certificate on which he is cur- 
rently listed; 

(3) his license application on a form furnished 
by the Board; and 

(4) payment of the appropriate license fee. 

Statutory Authority G.S. 87-42; 87-43. 

.0504 ONCE LISTED BUT NOT NOW LISTED 

/Vn individual who has once been but is not 
now list e d indicated on another person »f firm's 
any license may apply for and obtain his own li- 
cense upon meeting aU current licensing require- 
ments he has not previously met and submitting 
to the Board: 

(1) his license application on a form furnished 
by the Board; 

(2) payment of the appropriate license fee; and 

(3) if more than 12 months has elapsed since 
the listed qualified individual was listed in- 
dicated on an active Ucense, information 
verifying that, during the immediate past 
twelve months, he has been primarily, ac- 
tively and lav\fully engaged (at least 1000 
hours) in an occupation which in the judg- 
ment of the Board is similar or equivalent 
to that of an electrical contractor. Lawful 
work as defmcd under primary experience in 
Rule .0202 of this Subchapter shall be con- 
sidered as similar or equivalent to that of an 
electrical contractor. 

Statutory Authority G.S. 87-42; 87-43. 



.0505 QUALIFIED INDIVIDUAL: NEVER 
LISTED NOR OBTAINED LICENSE 

An individual who has once taken and passed 
the qualifying examination for a license but has 
never obtained a License nor been a listed a« a 
qualified individual on anoth e r person ef firm's 
any license shall: 

(1) be eligible to obtain a license in the same 
or lesser classification as the classification of 
examination he passed upon meeting any 
current licensing requirements he has not 
previously met and submitting to the Board: 

(a) his license application on a form furnished 
by the Board; 

(b) payment of the appropriate license fee; 
and 

(c) if more than twelve months have elapsed 
since the individual took and passed the 
qualifying examination for a hcense, in- 
formation verifying that, during the im- 
mediate past 12 months, he has been 
primarily, actively and lawfully engaged 
(at least 1000 hours) in an occupation 
which in the judgment of the Board is si- 
milar or equivalent to that of an electrical 
contractor. Lawful work as defined under 
primary experience in Rule .0202 of this 
Subchapter shall be considered as similar 
or equivalent to that of an electrical con- 
tractor. 

(2) be eligible to be included as an additional 
listed qualified individual on another person 
©f finn's a current active License Ln the same 
or a lesser classification as the classification 
of examination he passed upon submitting 
to the Board: 

(a) a written request from the licensee, co- 
signed by the individual, requesting the 
Board to include the individual as one of 
the listed qualified individuals on his or 
his firm's license; 

(b) the licensee's current license certificate; 
and 

(c) if no more than 12 months have elapsed 
since the individual took and passed the 
qualifying examination for a hcense, in- 
formation verifying that, during the im- 
mediate past 12 months, he has been 
primarily, actively and lawfully engaged 
(at least 1000 hours) in an occupation in 
which the judgement of the Board is sim- 
ilar or equivalent to that of an electrical 
contractor. Lawful work as defined under 
primary experience in Rule .0202 of this 
Subchapter shall be considered as similar 
or equivalent to that of an electrical con- 
tractor. 



NORTH CAROLINA REGISTER 



749 



PROPOSED RULES 



Statutory Authority G.S. 87-42; 87-43. 

SECTION .0600 - RFXLASSIFICATION OF 

FORMER CLASS I AND CLASS II LICENSES 

AND QLALIFIED INDIVIDUALS 

.0601 LICENSES EXIMRING AND 
INDIMDLALS QUALIFIED/ 
.ILLY I, 1970 

(a) Inactive Class I Licensee or Individual. 
Subject to Section .0400 of this Subchapter, any 
poroon licensee whose last active license was a 
Class I license that expired on or before June 30, 
1970, or any listed qualified individual who was 
last listod indicated as ^fvd qualifi e d individual 
such on a Class I license that expired on or be- 
fore June 30, 1970, and currently has Class I li- 
cense qualifications is entitled to receive, without 
written examination, a license in either the lim- 
ited, intermediate or unlimited classification 
upon: 
(1) 



(2) 
(b) 



filing an application with the Board des- 
ignation the class license desired; and 
paying the annual license fee for the license 
classification desired. 

Initial Choice of License Classification. 
The inactive Class 1 licensee or Class I qualified 
individual is entitled to initially choose either the 
limited, intermediate or unlimited license. Ther- 
eafter the same requirements which apply to new 
applicants must be met to obtain a license in a 
classification higher than the license initially 
chosen. 

(c) Inactive Class II Licensee or Individual. 
Subject to Section .0400 of this Subchapter, any 
porr . on licensee whose last active license was a 
Class 11 license that expired on or before June 30, 
1970, or any listed qualified individual who was 
last list e d indicated as the qualifiod individual 
such on a Class II license that expired on or be- 
fore June 30, 1970, and currently has Class II li- 
cense qualifications is entitled to a license in 
either the limited, intermediate or unlimited li- 
cense classification without written examination 
upon meeting the requirements for the particular 
license classification as follows: 

(1) To obtain a limited license, the applicant 
must: 

(A) file an application with the Board re- 
questing a limited license; and 

(B) pay the annual fee for the limited li- 
cense. 

(2) To obtain an intermediate license, the ap- 
plicant must: 

(A) file an application with the Board re- 
questing an intermediate license; 

(B) pay the annual fee for the intermediate 
license; 



(C) furnish to the Board, on a form pro- 
vided by the Board, a statement from a 
bonding company licensed to do business 
in North Carolina certifying the appli- 
cant's ability to fumish a performance 
bond for electrical contracting projects in 
excess of te« thour . and dollars ($10,000) 
seventeen thousand five hundred dollars 
(S17,500) or submit other information re- 
garding his financial and business quali- 
fications for evaluation by the Board. 
(3) To obtain an unlimited license, the appli- 
cant must: 

(A) file an application with the Board re- 
questing an unlimited license; 

(B) pay the annual fee for the unlimited li- 
cense; 

(C) fumish to the Board, on a form pro- 
vided by the Board, a statement from a 
bonding company licensed to do bu.siness 
in North Carolina certifying the appli- 
cant's ability to fumish a performing bond 
for electrical contracting purposes in ex- 
cess of 6% thousand dollars ($50,000) 
seventy-five thousand dollars ($75.000) or 
submit other information regarding his fi- 
nancial and business qualifications for 
evaluation by the Board. 

Statutory Authority G.S. 87-42: 87-49. 

SECTION .0700 - LICENSING RECIPROCITY 

.0702 RECIPROCITY: SOUTH CAROLINA 

Pursuant to the provisions of Rule .0701 of this 
Section and the formal resolution agreement be- 
tween the Board and the South Carolina Licens- 
ing Board for Contractors, hcensees of the South 
Carolina Board, who are non-residents of North 
Carolina, are eligible to apply for and obtain a 
North Carolina electrical contracting license and 
North Carolina licensees, who are non-residents 
of South Carolina, are eligible to apply to the 
South Carolina board and obtain a South Caro- 
lina electrical contracting license in classifications 
as prescribed in the following table: 

SOUTH CAROLINA LICENSEE 

Limited 

Intermediate 

Unlimited 

ELIGIBLE FOR NORTH CAROLINA 
LICENSE 

Limited or intermediate 

Limited, intermediate or unlimited 



750 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Limited, intermediate or unlimited 
NORIII CAROLINA LICBNSFiE 
Limited 



Intermediate 
Unlimited 

ELIGIBLE EOR SOUTH CAROLINA 
LICENSE 

■rvet- oligiblo fof aft¥ lioonso 
- He S.C. Stat e licon&o r e quirt'd 
fef prHJt ' ctii Hft to S17,5()().()0 

Limited or intermediate 

Limited, intermediate or unlimited 

Statutory Authority G.S. 87-42; S7-50. 

.0703 RECIPROCITY: VIRGINIA 

Pursuant to the provisions of Rule .0701 of this 
Section and the formal resolution agreement be- 
tween the Board and the Virginia State Board for 
Contractors, licensees of the Virginia Board, who 
arc non-residents of North Carolina, are eligible 
to apply for and obtain a North Carolina elec- 
trical contracting license and North Carolina li- 
censees, who are non-residents of Virginia, are 
eligible to applv to the Virginia board and obtain 
a Virginia electrical contracting license in classi- 
fications as prescribed in the following table: 

VIRGINIA LICENSEE 

Class A 

ELIGIBLE EOR NORTH CAROLINA 
LICENSE 

Limited, intermediate or unlimited 

NORTH CAROLINA LICENSEE 

Limitod 



Intermediate 
Unlimited 

ELIGIBLE EOR VIRGINIA LICENSE 

^^ applicabl e - r» examination 
required fof \'irginia lic e nr . e 
m t4w limit e d rang e 



Class A 
Class A 

Statutory Authority G. S. 87-42; 87-50. 

SECTION .0800 - SPECIAL RESTRIC lED 
LICENSES 

.0801 GENERAL PROVISIONS 

(a) Types. A special restricted electrical con- 
tracting license classification is a classification es- 
tablished by the Board pursuant to G.S. 87-43.3 
or established directly by G.S. 87-43.4. Its pur- 
pose is to license persons, partnerships, firms, or 
corporations to engage or offer to engage in only 
a limited phase of electrical contracting work. 
Each special restricted License classification is se- 
parate from all other special restricted and regular 
license classifications. At the direction of G.S. 
87-43.4, the Board created the special restricted 
single family dwelling electrical contracting li- 
cense. Pursuant to G.S. 87-43.4, the Board has 
established the foUowing special restricted elec- 
trical contracting licenses: 

(1) low voltage wiring license (SP-LV); 

elevator license (SP-EL); 
plumbing, heating, and air conditioning 

license (SP-PH); 

groundwater pump license (SP-WP); 

electric sign license (SP-ES); and 

swimming pool license (SP-SP). 

Limited Scope. A special restricted con- 
tracting license does not authorize the licensee to 
engage or offer to engage in the business of elec- 
trical contracting in general. It authorizes the li- 
censee to engage or offer to engage only in the 
limited phase of electrical contracting described 
in the Rule in this Section that specifies the scope 
of the applicable special restricted license. 

(c) No Project Value Limit. The limitations 
concerning the dollar value of projects that may 
be undertaken by a limited or an intermediate li- 
censee do not apply to special restricted licensees. 
Thus, the holder of a special restricted license 
may engage or offer to engage in any project au- 
thorized by the license regardless of the dollar 
value of the project. 

(d) Effect of Regular License. A licensee in the 
regular license classifications, whether limited, 
intennediate or unlimited, is qualified to engage 
or offer to engage in any activity authorized by a 
special restricted license and does not have to 
obtain a special restricted license. 

Statutory Authority G.S. 87-42; 87-43.3; 87-43.4. 

.0809 SCOPE OF SP-ES LICENSE 

(a) Definitions. As used in this Rule: 



(2) 
(3) 

(4) 
(5) 
(6) 
(b) 



NORTH CAROLINA REGISTER 



751 



PROPOSED RULES 



(1) "[ilectric sign" means fixed, stationan', or 
portable self-contained, electrically illumi- 
nated utilization equipment that has 
words or ssmbols designed to convey in- 
formation or attract attention. The term 
includes outline lighting. 

(2) "Outline lighting" means an arrangement 
of incandescent lamps or electric discharge 
tubing that outlines or othenvise calls at- 
tention to certain features, such as the 
shape of a building or the decoration of a 
window. 

(b) Scope of I icense. A special restricted 
electric sign electrical contracting license (SP-ES) 
authorizes the licensee to install, maintain, or re- 
pair electric wiring or devices only as an incident 
to the licensee's electric sign business. Further- 
more, the license authorizes the licensee to in- 
stall, maintain, or repair only wiring that is 
directly related to electric signs and is electrically 
isolated from the building wiring system. Wiring 
that is directly related differs depending on the 
t>pe sign involved: 

(1) Except for electric signs described in Par- 
agraphs (2), (3), and (4) of this Rule, re- 
lated wiring is the portion of the electric 
sign wiring that originates at the load-side 
terminals of a disconnecting means lo- 
cated immediately adjacent to the electric 
sign invohed, or originates within a junc- 
tion box so located. Related wiring does 
not include the installation of the discon- 
necting means, complete with line-side 
connections, or the installation of the 
junction box, complete with free-length 
circuit conductors to accommodate the 
connection of the related wiring in the 
box. 

(2) For electric sign installations having sign 
transformers installed physically apart 
from the sign, related wiring is the portion 
of the electric sign wiring that originates 
at the load-side terminals of a disconnect- 
ing means located immediately adjacent 
to the sign transformer supplying the 
electric sign involved, or originates within 
a junction box so located. Related wiring 
does not include the installation of the 
disconnecting means, complete with line- 
side connections, or the installation of the 
junction box, complete with free-length 
circuit conductors to accommodate the 
connection of the related wiring in the 
box. 

(3) For free-standing electric sign installions 
supplied through underground circuit 
conductors, related wiring is the portion 
of the electric sign wiring that originates 



(4) 



151 



16) 



at a wiring termination point located at, 
within, or immediately above the perma- 
nent base for the sign structure. Related 
wiring does not include the installation of: 

(A) a junction box, located at, within or 
immediately above the permanent base for 
the sign, complete with free-length circuit 
conductors to accommodate the con- 
nection of the related wiring; or 

(B) if the base of the structure is suitable for 
use as a raceway, the installation of bush- 
ing, complete with free-length circuit con- 
ductors extending through to 
accommodate the connection of the re- 
lated wiring within the sign structure 
raceway. 

For electric signs specifically designed to 
be connected directly to the building wir- 
ing raceway or cable supply, related wiring 
is the portion of the electric sign wiring 
that originates at the point where the 
free-length circuit conductors extend 
through the building wiring raceway or 
cable at the specifically designed supply 
location for the electric sign involved. 
Related wiring does not include the in- 
staUation of the building wiring raceway 
or cable system to the specifically desig- 
nated point of supply for the electric sign 
invohed, complete with free-length circuit 
conductors extending through the build- 
ing wiring raceway or cable to accommo- 
date the connection of the related wiring. 
Except for the related wiring on the sec- 
ondare' side of sign transformers, related 
wiring is restricted to circuits or parts of 
circuits that operate at voltages not ex- 
ceeding 600 volts, phase-to-phase. 
No related wiring, or anv part thereof may 
he installed in a location considered as 
hazardous under the National Electrical 
Code. 



Statutory Authority G.S. S7-42; 87-43.3. 

SECTION .0900 - VIOLATIONS AND 
CONTESTED CASE HEARINGS 

.0901 DENIAL OF LICENSE OR PERMISSION 
TO TAKE EXAMINATION 

The Board may deny an examination applicant 
permission to take an examination when it finds 
the applicant is not qualified, eligible, regardless 
of whether it has previously notified the apphcant 
that he may take the examination. The Board 
may refuse to issue a license to a license applicant 
when it finds the applicant is not qualified, re- 
gardless of whether the applicant has passed the 



752 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



appropriate examination. An oxamination ap- 
plicant ef liconf . o applicant may contest the 
Board's decision by requesting an administrative 
hearing. 

Statutory Authority G.S. 87-42; S7-43.3; 87-43.4. 

.0902 PREFKRRING CHARGRS 

Any person who believes that any applicant, 
qualified individual or licensee of the Board is in 
violation of the provisions of G.S. Chapter 87, 
Article 4, or Title 21, Subchapter 18B, of the 
North Carolina Administrative Code may prefer 
charges againr . t ouch licensoo by filing a written 
statement with the Board's staff in the Board's 
office, setting out the particulars of the charges, 
including, but not limited to, the nature, date and 
place of the alleged violation. 

Statutory Authority G.S. 87-42; 87-47. 

.0903 PRELIMINARY DETERMINATION 

(a) A charge filed in accordance with Rule 
.0002 of this Section shall be handled initially by 
the Board's executive director or his staff desig- 
nee, who mav dismiss it as unfounded, frivolous, 
or trivial. 

(b) Onc e a cIuuiil ' i* 64<?4 wiih «+k» Board. Unless 
the charge is dismissed pursuant to Parasg-aph (a) 
of' this Rule, the executive director or his staif 
designee shall nutifying notify the accused in 
writing. Ae li ^cniiuo again ! . t whom rth* chargo i* 
made. Such written notice shall set forth the al- 
leged facts and circumstances as contained in the 
written statement filed with the Board and shall 
be given personally or by certified mail, return 
receipt requested. Such written notice shall 
contain a request for the liccniioo se charged ac- 
cused to answer in writing within 20 days from 
the date the notice of charges is received, as 
shown on the returned receipt or from the date 
of personal delivery of the notice of charges. 

(c) If the licon J iL ' L ' accused admits to the charges 
and if, in the opinion of the executive director 
or his staff designee, the charges do not merit re- 
view by the Board's disciplinary review commit- 
tee, the executive director or his staff designee 
shall accept the liconooo's accused's admission of 
guilt and issue a reprimand on behalf of the 
Board. The reprimand shall include an order to 
the lic e ns ee accused to refrain from violating G.S. 
Chapter 87, Article 4, or 21 NCAC Subchapter 
18B in the future. 

(d) If the liconf . oe accused admits to the charges 
and if, in the opinion of the executive director 
or his staff designee, the charges merit review by 
the Board's disciplinary review committee, the 
executive director or his staff designee shall refer 



the charges to the committee. After reviewing 
the charges, the committee shall make a prelimi- 
nary determination of the charges and recom- 
mend to the Board which, if any, of the actions 
listed in Paragraph (g) should be taken against 
the liconsoe. accused. 

(e) If the liconfjoo accused does not respond to 
or denies the charges, the Board's executive di- 
rector, his staff designee or other designated in- 
vestigative personnel shall investigate the 
allegations contained in the charges and the exe- 
cutive director or his staff designee may dismiss 



them as unfounded, frivolous or trivial, or may 
refer the charges, investigative fmdings and all 
available evidence to the Board's disciplinary re- 
view committee for review. From such review, 
the disciplinary review committee shall make a 
preliminary determination of the charges and re- 
commend to the Board which, if any, of the ac- 
tions listed in Paragraph (g) should be taken 
against the liconno. accused. 

(f) The charges, investigative findings, evidence 
and disposition of each case shall be placed in a 
permanent fde of the liconooo se charged, ac- 
cused. WTien a second charge is filed against a 
LicL ' nr ' C»e the accused during a period of 1 2 months 
or a third charge is filed against a liconfloo the 
accused dunng any period of time, the executive 
director or his statT designee shall present the 
licennoo'o accused's file to the Board's disciplinary 
review committee for a detailed review. From 
such review, the disciplinary review committee 
shall make a preliminary determination of the 
new charges filed against the liconooo accused and 
recommend to the Board what action, if any, 
should be taken against the liconooo accused as 
prescribed in Paragraph (g) of this Rule. 

(g) In accordance with Paragraphs (d) - (f) of 
this Rule, the Board's disciplinary review com- 
mittee shall receive and review the liconooo's ac- 
cused's file and from such review the committee 
shall make a preliminary determination and re- 
commend to the Board that one or more of the 
following actions be taken: 

(1) the charges be dismissed as unfounded, 
frivolous, or trivial; 

(2) a letter of caution be issued to the licensee 
by the Board; 

(3) in a case of admission of guilt, a letter of 
reprimand be issued to the licensee by the 
Board; or 

(4) the case be presented to the Board, ex- 
cluding board members who participated 
in the preliminary detennination, for an 
administrative hearing to be conducted in 
accordance with G.S. 87-47 and Chapter 
150B, Article 3A, of the North Carolina 
General Statues and the rules adopted by 



NORTH CAROLINA REGISTER 



753 



PROPOSED RULES 



the Board pursuant thereto, or for the ac- 
ceptance of an ofTer in compromise of the 
charge, as pro\ided by G.S. 87-47(e). 

Statutory Authority G.S. 87-42; 87-47; I SOB, 
Article 3A. 

.0905 JLDICIAL REVIEW 

Any applicant, qualified individual or licensee 
who is aggrieved by a fmal decision of the Board 
after a contested case hearing is entitled to judi- 
cial review of the decision as provided by G.S. 
Chapter 150B, ,\rticle 4. 

Statutory Authority G. S. 87-47; I50B-43. 

.0906 LICENSE INELIGIBILITY AFTER 
VIOLAIION 

(a) Non-licensee. Any person, partnership, 
firm or corporation not duly licensed by the 
Board and found to be engaging or offering to 
engage in a gi\en electrical contracting project in 
North Carolina shall be subject to the provisions 
of G.S. 87-48. Furthermore, such person, part- 
nership, firm or corporation shall not be eligible 
for a qualifying examination or to obtain a li- 
cense until the Board has found that any com- 
mitment to the project invoking the person. 
partnership, firm or corporation has been voided 
and that the project, if continued, has been 
awarded to a person, partnership, firm or corpo- 
ration duly licensed by the Board to engage or 
offer to engage in the project. 

(b) Licensee. Any licensee of the Board found 
to be engaging or offering to engage in a given 
electrical contracting project in North Carolina 
exceeding the project limitations or scope of the 
licensee's current license shall be subject to the 
provisions of G.S. 87-47 and 87-48. Further- 
more, the licensee shall not be eligible fof a qua 
lifying oxamination to upgrade its license to a 
higher or general classification, or for a qualifying 
examination therefor, until the Board has found 
that any commitment to the project involving the 
licensee has been voided and that the project, if 
continued, has been awarded to a person, part- 
nership, firm or corporation duly licensed b\' the 
Board to engage or offer to engage in the project. 

Statutory Authority G.S. 87-42; 87-43; 87-47; 
87-48. 

SECTION .1000 - DESCRIPTIONS OF FORMS: 
CERTIFICATES: PUBLICATIONS 

.1001 FORMS PROMDED BY THE BOARD 

(a) Examination Applications. /\n application 
is provided to a person wishing to apply to take 
a qualifying examination for an electrical con- 



tracting license. The application is designed for 
an applicant to furnish the following information; 

(1) date; 

(2) name, address and telephone number; 

(3) age; 

(4) social security number; 

(5) whether or not applicant has taken a 
qualifying examination previously; 

(6) classification of license for which appli- 
cant wishes to qualify and amount of ap- 
plication-examination fee; 

(7) educational background; 

(8) experience background; 

(9) character references; 

(10) other references or information applicant 
wishes the Board to consider; 

(11) authorization for board to research all 
information submitted on or in support 
of applicant; and 

(12) signature of applicant. 

(b) Examination Re\iew Applications. Each 
failing examinee is provided a form for his use in 
applying for a detailed review of his failed exam- 
ination. This form is designed for the applicant 
to fumish the following information: 

(1) date; 

(2) name, address and telephone number; 

(3) social security number; 

(4) date he took his failed examination; 

(5) location in which he took his failed ex- 
amination; 

(6) examination review fee; and 

(7) signature of applicant. 

(c) License Applicants. Each qualifiod license 
applicant is provided with an application form 
for his use in initially applying for a License. The 
application form is designed for the applicant to 
fumish the following information: 

(1) classification of license for which he is 
applying; 

(2) name in which he wishes the license to 
be issued; 

(3) business mailing and location address; 

(4) business and home telephone numbers; 

(5) whether business is partnership or cor- 
poration and, if so, the names of the 
partners or the names and titles of officers 
of the corporation; 

(6) whether business is to be operated part- 
time or fuU-time; 

(7) names, signatures and social security 
numbers of tb^ individualo te h% lii i ted ae 
the listed qualified individuals to be indi- 
cated on the license; 

(8) annual license fee; 

(9) authorization for board to research all 
information submitted on or in support 
of application; 



754 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(10) date; and 

(11) signature and title of applicant. 

(d) License Renewal Applications. Lach li- 
censee is provided with an annual license renewal 
application prior to the expiration of his current 
annual Ucense. This application form is designed 
for the licensee to furnish the following informa- 
tion: 

(1) name in which liis license is currently is- 
sued; 

(2) whether license is to be renewed in same 
name or, if not, new name in which he 
wishes license to be rcncvsed; 

(3) mailing and business location address; 

(4) business and home telephone numbers; 

(5) whether business is to be operated part- 
time or full-time; 

(6) whether business is partnership or cor- 
poration and, is so, names of partners or 
names and titles of officers in the corpo- 
ration; 

(7) name, signaturo names, signatures and 
social security numbc ' r numbers of ouch 
individual to bt» li ^f tod »* a the listed qual- 
ified individual mdi\iduais to be indicated 
on new annual license; 

(8) annual license fee; 

(9) authorization for board to research all 
infonnation submitted on or in support 
of application; 

(10) date; and 

(1 1) signature and title of applicant. 

(e) Request for Change of Name or Address in 
Which License Is Issued. A Ucensee wishing to 
change his Ucense name or address is furnished a 
form for his use in requesting a change of name 
or address. Iliis form is designed for the licensee 
to furnish the following information: 

(1) name and address in which license is 
currently issued; 

(2) name and address in which license is to 
be reissued; 

(3) whether business is to be operated part- 
time or full-time; 

(4) whether business is partnership or cor- 
poration and, if so, names of partners or 
names and titles of officers in corporation; 

(5) certification of listed qualified individual 
by name and conditions of employment; 

(6) name and title of person filing request and 
date of request; and 

(7) signature of listed qualified individual. 

(f) License Applications: South Carolina Re- 
ciprocity. These forms are designed for an ap- 
plicant to furnish the same type of information 
as is provided on the forms described in Para- 
graphs (c) and (d) of this Rule, with the following 
additional information: 



(1) name in which applicant's current South 
Carolina license is issued; 

(2) classification of applicant's South Caro- 
lina license; 

(3) number of current South Carolina Ucense; 

(4) statement from South Carolina Licensing 
Board for Contractors certifying the indi- 
viduals who are qualified under the appli- 
cant's South Carolina license and the 
extent of each individual's quaUfications; 
and 

(5) namo, oignaturo names, signatures and 
social security number numbers of each 
the Usted qualified individual individuals 
on South CaroUna license and to be liL i tod 
indicated as such on jMorth CaroUna U- 
cense. 

(g) License AppUcation: Virginia Reciprocity. 
These forms are designed for the applicant to 
furnish essentiaUy the same type of information 
as is provided on the forms described in Para- 
graphs (c), (d) and (0 of this Rule. 

(h) License AppUcation: Llorida Alabama 
Reciprocity. These forms are designed for the 
appUcant to furnish essentiaUy the same type of 
information as is provided on the fonns described 
in Paragraphs (c), (d) and (f) of this Rule. 

(i) License Application: Georgia Reciprocity. 
These forms are designed for the applicant to 
furnish essentially the same type of information 
as is provided on the forms described in Para- 
graphs (c), (d) and (f) of this Rule. 

(j) Bonding AbiUty Statement. A bonding 
abiUty statement form is pro\idcd to an applicant 
wishing to obtain a Ucense in either the interme- 
diate or unlimited classification. i» accordanco 
with Suction .0600 ©f At* Subchapter. This form 
is to be completed by a bonding company duly 
Ucensed to issue performance bonds in North 
Carolina. The form is designed for the bonding 
company to state its bonding experience with the 
appUcant and amount of performance bond the 
bonding company would be wiUing to issue to 
the appUcant at the date the form is completed 
and signed. The signer's power of attorney must 
accompany the bonding ability statement form. 

(k) Certification of Listed Qualified Individual. 
This form is provided to any licensee or applicant 
for a license whose listed qualified individual is 
someone other than the Ucensee or appUcant for 
a Ucense. This form is designed for the Ucensee 
or applicant for a Ucense to certify who wiU be 
the listed qualified individual for the Ucensee and 
that the listed quaUficd individual is, or will be, 
regularly employed by the Ucensee and has, or 
wUl have, the specific duty and authority to su- 
pervise and direct aU electrical installation, main- 
tenance, alteration or repair of any electric wiring, 



NORTH CAROUNA REGISTER 



755 



PROPOSED RULES 



- (-> 



desiccs, appliances or equipment done in the 
name of the licensee. 

(1) Affidavit certifying Bona Fide Employee. 
This affidavit form is provided to any licensee 
whose relationship with his employees has been 
challenged and it is alleged that some other than 
his bona fide employee is engaged in electrical 
work under the auspices of his license. The form 
must contain the signature and title of the person 
completing the form and must be notarized. The 
form is designed for the licensee to furnish infor- 
mation estabUshing that: 

(1) the person in question is employed by the 
licensee in the capacity of a mechanic 
(journeyman electrician); 
the employee receives compensation from 
the licensee which is reasonably related to 
the hours worked, or the work accom- 
plished, by the employee for the licensee; 
the related compensation paid to the em- 
ployee is reported to federal and state tax 
authorities as earnings of the individual 
employee with appropriate deductions 
taken and reported for withholding taxes 
and PICA contributions; 
consistent with applicable laws, the em- 
ployee is dourly co\ered by the licensee's 
workers' compensation insurance; a* 
f i ho' i ' i ii Wf t4w inclu ' . ' ion wf tk* omplovL'o'r i 
rt ' lutud LH)mpL'n ! iati()n »« A<» premium 
audit »f Ai* liconf i t ' Cii in r . u rane e carrier: 
and 

all work performed by the employee is 
performed under the direction and super- 
vision of a listed quahfied individual reg- 
ularly employed by the licensee. 



(2) 



(3) 



(4) 



(5) 



Statutory Authority G.S. 87-42; I50B-1I. 

.1002 CERTIFICATES 

(a) Annual license Certificate. The Board is- 
sues an annual license certificate to each eligible 
licensee. This certificate contains the following 
information: 

(1) fiscal year for which license is issued; 

(2) classification of license issued; 

(3) name in which license is issued; 

(4) names of all listed qualified indi\iduals; 
f5)(4| date license is issued; and 

(6)(4-^ signature of chairman and secretary- 
treasurer of the Board; 

(b) Permanent Pocket Card. The Board issues 
a permanent pocket identification card is issued 
to each person who has taken and passed the 
qualifying examination for a license, lliis card 
contains the following information: 

(1) the name of examinee; 

(2j classification of examination passed; 



(3) place of examinee's signature. 
(c) Permanent Certificate. The Board issues a 
permanent certificate to each person who has 
taken and passed a qualifying examination for an 
electrical contracting license in either the hmited, 
intermediate, or unlimited license classification. 
This certificate is not a license. It certifies that 
the person named thereon has met the technical 
qualification requirements for an electrical con- 
tracting license, and, when duly licensed by the 
Board, is entitled to engage or offer to engage in 
the business of electrical contracting in the State 
of North Carolina. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-43.1; 87-43.3; 87-43.4; 87-44; I50B-II. 



No 



otice is hereby given in accordance with G.S. 
I SOD- 1 2 that the \orth Carolina Board of Land- 
scape .Architects intends to amend rule cited as 21 
SC AC 26 .0105. 

1 he proposed effective date of this action is 
.March I. 1990. 

1 he public hearing \\ill be conducted at 1 1 :00 
a.m. on December 7, 1989 at First Floor Confer- 
ence Room, Caswell Building, 3700 National 
Drixe, Raleigh, .\C. 

\^ omment Procedures: Persons wishing to pres- 
ent oral data, views, or arguments on a proposed 
rule may file a notice with the Board at least ten 
days prior to the hearing. Any person may also 
file a written submission concerning data, com- 
ments or arguments at any time until the date of 
the hearing. Submissions should be mailed to the 
Board at P.O. Box 26852, Raliegh, S.C. 27611. 

CHAPTER 26 - LICENSING BOARD OF 
LANDSCAPE ARCHITECTS 

SECTION .0100 - STATUTORY AND 
ADMINISTR.\TI\E PROMSIONS 

.0105 FEES 

(a) .Application fees shall be as follows: 

(1) For registration as a Landscape Architect 
- oovontv frr«. dollarc i ($75.00). one hun- 
dred dollars (S 100.00). 

(2) For corporate certilicate of registration - 
one hundred dollars ($100.00). 

(b) The Certificate of Permit for a temporary 
permit shall be one hundred fifty dollars 
($150.00). 



756 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) Examination fees shall be twe- hundrod fifty 
dollars ($250.00) three hundred scventv-rive dol- 
lars ($375.00) for a complete examination, and 
shall be paid prior to the examination. 

(d) Fees for portions of examinations will be 
based on the actual charges to the board for 
procuring, administering and grading the portion 
of the exam. 1 he fees shall be paid prior to the 
examination. 

(c) The fee for license by reciprocity shall be 
one hundred fifty dollars ($150.00). 

(t) The fee for a corporate certificate of regis- 
tration shall be two hundred dollars ($200.00). 

(g) The fee for the annual renewal of any cer- 
tificate of registration shall be seventy five dollars 
($75.00). 

(h) Annual renewal fees received after July 1 
of each year shall be subject to the assessment 
of a late payment penalty according to the fol- 
lowing schedule: 

(1) After July 1 - ten dollars ($10.00); 

(2) After September 1 - fifteen dollars 
($15.00); 

(3) After October 1 - twenty dollars ($20.00); 

(4) After November 1 - twenty five dollars 
($25.00); 

(5) After December 1 - thirty dollars ($30.00); 

(6) After January 1 - tliirty five dollars 
($35.00); 

(7) After I-ebruary 1 - forty dollars ($40.00); 

(8) After March 1 - forty five dollars ($45.00); 

(9) After April 1 - fifty dollars ($50.00). 

(i) The fee for re-issue of a lost or damaged 
certificate or permit is ten dollars ($10.00). 

Statutory Authority G.S. 89A-3(c); 89A-6. 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Examiners of 
Phimbing and Heating Contractors intends to 
amend rules cited as 21 NCAC 50 .0306, .1101 - 
.1103. 

1 he proposed effective date of this action is Fe- 
bruary I. 1990. 

1 he public hearing will be conducted at 2:00 
p.m. on November 17 , I9S9 at Offices of the State 
Board of Examiners of Plumbing and Heating 
Contractors, Suite S06, Raleigh Building, 5 West 
Hargett Street, Raleigh, North Carolina. 

y^ommenl Procedures.' Any person interested in 
these rules may present oral comments relevant to 



the proposals at the public hearing or deliver 
written comments to the Board prior to December 
17, 1989, at the Board's mailing address: P.O. 
Box 1 10, Raleigh, NC 27602. Anyone wishing to 
address the Board at the public hearing should 
notify the Board by noon on November 16, 1989, 
that they wish to speak on the proposals. Oral 
presentations will be limited to five minutes per 
speaker. 

CHAPTKR 50 - BOARD OF PLUMBING AND 
HEATING CONTRACTORS 

SECTION .0300 - EXAMINATIONS 

.0306 APPLICATIONS: ISSUANCE OF 
LICENSE 

(a) All applicants for regular examinations shall 
fde an application in the office of the executive 
secretary on or before the date set out on the 
examination application form, which date will 
be at least 30 days prior to the examination. 

(b) Applicants for the April 1990 examination 
shall present evidence at the time of application 
on forms provided by the Board to establish six 
months full-time experience in the installation, 
maintenance, service or repair of plumbing or 
heating systems related to the category for which 
license [s sought, whether or not license was re- 
quired for the work performed. L'p to one-half 
the experience may be in academic or technical 
training directly related to the field of endeavor 
for which examination is requested. One year 
of experience will be required of applicant for the 
October 1990 examinations, 18 months experi- 
ence for the April 1991 examination, and two 
years of experience for the October 1991 exam- 
ination and examinations conducted thereafter. 
The Doard will pro rate part-time work of less 
than 40 hours per week or part-time academic 
work of less than 15 semester or quarter hours. 

(c) fb^ Applicants who obtain a license will re- 
ceive a certificate issued by the Board, bearing the 
license number assigned to the qualifying indi- 
vidual. 

(d) (*4 The license number shall not be assigned 
or transferred to any other individual. 

Statutory Authority G.S. 87-18; 87-21 (b). 

SECTION .1100 -FEES 

.1101 EXAMINATION FEES 

An examination fee of teft dollars ($10.00) Fe- 
qwfe4 by (^r^ 87 22. 1 thirtv-fivc dollars ($35.00) 
must accompany an application for examination. 

Statutory Authority G.S. 87-/8; 87-22. J. 



NORTH CAROLINA REGISTER 



757 



PROPOSED RULES 



.1102 I.ICENSK FF.ES 

(a) The annual license fee for statewide licenses 
issued in the name of an individual, corporation, 
partnership, or business with a trade name is fifty 
dollarii (LSO.OO). sixty dollars ($60.00). 

(b) The annual license fee for licenses limited 
in scope to cities or towns of less than 10,000 
population and issued in the name of an individ- 
ual, corporation, partnership or business with a 
trade name is f i vu ' ntv fiv e dollars (S35.00). thirty 
dollars (S^n.OO). 

(c) The annual license fee for an individual who 
is not actively engaged in the business of plumb- 
ing or heating contracting by reason of full-tune 
employment as a local government plumbing, 



heating or mechanical inspector and who holds 
qualifications frc^m the (^ode Officials Qualifica- 
tion Board is ten dollars ($10.00). 

Statutory Authority G.S. 87-18; 87-22. 

.1 103 EXP.VNDING SCOPE OF LICENSE 

A current license limited to cities or towns of 
less than 10,000 population may be expanded to 
statewide in scope upon payment of a rwL ' nty fivo 
d*4feF ($25.00) thirty dollar ($30.00) fee to the 
Board. 

Statutory Authority G.S. 87-18; 87-22. 



758 



NORTH CAROLINA REGISTER 



FINAL RULES 



I he List of Rules Codified is a listing of 
rules that were filed to be effective in the 
month indicated. 



fxules filed for publication in the XCAC 
may not be identical to the proposed text 
published previously in the Register. Please 
contact this office if you have any questions. 

/{. dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I SOB, 
Article 2 requiring publication in the N.C. 
Register of proposed rules. 

LJ pon request from the adopting agency, the 
text of rules will be published in this section. 

/x n agency has 30 days from the effective 
date of a rule to notify this agency of any ty- 
pographical or technical errors in the rule as 
codified. These corrections are incorporated 
into the List of Rules Codified and are noted 
as * Correction. A typographical or technical 
error does not change the effective date if 
corrected within the 30 day requirement. 



TITLE 5 DEPARTMENT OF 
CORRECTION 

CHAPTER 2 - DIVISION OF PRISONS 

SUBCHAPTER 20 - COl RT RELATED 
PROCEEDINGS 

SECTION .0300 - ADMINISTRATIVE REMEDY 
PROCEDLRE 

.0310 GRIEVANCE REVIEW PROCEDLRE 

(a) Step 1 Review: 

(1) Any aggrieved inmate may submit a writ- 
ten grievance on Form DC-410. 

(2) Upon completion of the form, the inmate 
may submit it to the Superintendent, des- 
ignated screening officer, or any other staff 
member. Grievances may be transmitted 
by mail or hand delivery. 

(3) An inmate who seeks to file a grievance 
on general policies or practices may solicit 
comments on the matter from other in- 
mates. Such solicitation for inmate com- 
ment will be permitted provided it does 



not interfere with the security and orderly 
operation of the unit or institution. Such 
comments must be submitted with the 
grievances when it is filed. 

(4) The screening officer shall review the 
grievance and decide whether it should be 
accepted, rejected, or returned under the 
criteria set forth in these regulations. This 
screening shall be completed within three 
days of the filing of the grievance. 

(5) If the screening officer determines that the 
complaint can be considered under the 
procedure, the officer may forward it to 
the staff member whom the officer be- 
lieves can best provide information or re- 
lief. TTie staff member will prepare a 
written response along with supporting 
documentation if any. 1 he response will 
be returned to the screening officer. The 
screening officer or Superintendent will 
meet with the inmate to explain the re- 
sponse and attempt to resolve the griev- 
ance. If the screening officer meets with 
the inmate the officer shall report to the 
Superintendent or institutional designee. 
The Superintendent or institutional desig- 
nee wlU complete the formal response to 
the inmate within 15 days from the date 
of acceptance of the grievance. 

(6) If the inmate submits a grievance in vio- 
lation of Rule .0304(b) of this Section, the 
screening officer may return the grievance 
to the inmate with written notification on 
the DC-410 that it may be resubmitted 
when the current grievance in process 
completes Step 2. 

(7) If the screening officer rejects the grievance 
per Rule .0306 of this Section, the inmate 
will be informed of the rejection reason in 
writing on the DC-410. A copy of all re- 
jected grievances will be reviewed, ini- 
tialed, and filed by the Superintendent. 
The Superintendent may determine that 
the grievance should be accepted. Under 
this condition, the inmate grievant will be 
notified in writing and provided the op- 
portunity to resubmit the grievance on a 
new DC-410, in accordance with this 
Rule. If the inmate declines this oppor- 
tunity, this fact shall be noted on the Su- 
perintendent's copy of the original 
rejected DC-410. 

(b) Step 2 Review; 
(1) If the inmate is not satisfied with the de- 
cision reached at Step 1, he or she may 
request relief from the Area Administrator 
or Institution Head. This request for Step 
2 review must be made by the inmate in 
writing on Form DC-410 and submitted 



NORTH CAROLINA REGISTER 



759 



FINAL RULES 



to the superintendent, institutional desig- 
nee, or screening officer upon notification 
and explanation of the decision reached 
at Step 1. Ihe completed lorm DC-410 
shall be submitted to the Area Adminis- 
trator or Institution Head. 

(2) The Area Administrator or Institution 
Mead may investigate the grievance him- 
self or may assign a staff member to in- 
vestigate it. If an investigator is assigned, 
the investigator shall accumulate records 
gathered at Step 1 and complete the in- 
vestigation within 15 days after assign- 
ment by the Area Administrator or 
Institution Head. The investigator, if one 
is used, shall submit the fmdings in writing 
with relevant records to the Area Admin- 
istrator or Institution Head. 

(3) After completing the investigation or after 
receiving the report of the investigation, 
the Area Administrator or Institution 
Head shall complete Form DC-410 indi- 
cating the decision and reasons for the 
decision. All relevant records gathered at 
Step 1 and Step 2 shall be maintained and 
filed. The /\rea Administrator or Institu- 
tion Head shall complete the written re- 
sponse and assure that it is delivered to 
the inmate within 20 days from the date 
of request for Step 2 review. The Area 
Administrator or In.stitution Head may 
explain the decision to the inmate in an 
attempt to resolve the grievance. If nec- 
essary, another appropriate person such 
as a screening ofTicer or the Superinten- 
dent, may be designated to perform this 
function. 

(c) Step 3 Review: 

(1) If the inmate is not satisfied with the de- 
cision reached at Step 2, he or she may 
appeal to the Secretary of Correction 
through the Inmate Grievance Examiner 
(KjE). I'his appeal must be made in 
writing on Form DC-410 within 24 hours 
of notification of the decision and expla- 
nation of the decision reached at Step 2. 
If the inmate appeals, the unit screening 
officer shall immediately forward the 
completed Form DC-420 to the Executive 
Director of the Grievance Resolution 
Board by postage mail. 

(2) The Executive Director of the Grievance 
Resolution Board or his or her designee 
will sign the form and indicate the date of 
receipt. The Executive Director may 



serve as one of the Inmate Grievance Ex- 
aminers. The Inmate (irievance Examin- 
ers shall review all grievances that are 
assigned to them. This review shall be 
limited to matters brought forward in the 
grievance and the Department's responses. 

(3) In reviewing a grievance, the IGE may 
conduct an independent investigation, but 
the investigation wiO be limited to specific 
issues brought forward in the grievance. 
The IGE may rely on any investigations 
already completed. In investigating the 
grievance, the IGE shall attempt to re- 
solve the grievance through mediation. 
The IGE shall have access to inmates, 
staff, facilities and records relevant to the 
grievance. 

(4) The IGE will order such relief as is ap- 
propriate or deny the grievance. The IGE 
shall forward any order for relief on Form 
DC-410 to the Secretary of Correction 
within 20 days from the date of the in- 
mate's appeal from Step 2. Simultane- 
ously, a copy of the Form DC-410 
reflecting the decision shall be forwarded 
to the Director of Prisons. 

(5) The Director of Prisons or his or her de- 
signee shall review the grievance and may 
make comments to the Secretary of Cor- 
rection. The Director of Prisons' com- 
ments win be forwarded to the Secretary 
within 20 days from the date of transmit- 
tal of I'orm DC-410 from the Inmate 
Grievance Examiner. The Secretary shall 
review the Director of Prisons' comments 
and then approve the decision of the IGE 
or make written findings that the relief 
ordered is not appropriate. If it is deter- 
mined that the relief ordered is not ap- 
propriate, a written explanation for the 
findings must be given and an alternative 
order for relief must be made. The Sec- 
retary's final decision will be delivered to 
the inmate by the IGE, with a copy to the " 
Director of Prisons, within 30 days of 
transmittal of the decision from the IGE. 

(6) The decision by the IGE or a modification 
by the Secretary of Correction shall con- 
stitute the fmal step of the Administrative 
Remedy Procedure. 

History Note: Statutory Authority G.S. I4S-1 18.1; 
Eff. September I. I9SS; 
Amended Eff. November I, I9S9. 



760 



NORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TIILE DEPARTMENT 



1 
2 
3 

4 
5 
6 

.7 
8 
9 

10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Economic and Community Development, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Environment, Health, and Natural Resources, Department of 

Public Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

State Personnel, Office of 

Administrative I iearings. Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSrSG BOARDS 



2 
4 
6 
8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
31 
32 
33 
34 
36 
37 
38 
40 
42 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners, Board of 

Chiropractic Examiners, Board of 

General Contractors, Licensing Board for 

Cosmetic /Vrt Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners of 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing /\id Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapists, Board of 

Opticians, Board of 

Optometry', Board of Examiners in 



NORTH CAROLINA REGISTER 



761 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



762 NOR TH CA ROLINA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1- April 

152 - 192 2- April 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478- 521 9- August 

522 - 584 10- August 

585 - 616 11- September 

617 - 658 12- September 

659 - 712 13- October 

713 - 765 14- October 



AG - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATIVE ORDER 

Administrative Order, 4, 152 

AGRICULTURE 

Cotton Warehouse, 220 PR 

Markets, 217 PR, 546 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMUNITY COLLEGES 

Board of Community Colleges, 352 PR 

CORRECTION 

Division of Prisons, 472 FR, 646 FR, 759 FR 



NORTH CAROLINA REGISTER 



763 



CUMULA TIVE INDEX 



CRIME CONTROL AND PUBLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and History, 370 PR, 455 PR, 593 PR, 720 PR 

Arts Council, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Finance Center, 368 PR 

Hazardous Waste Management Commission, 716 PR 

N.C. Cemetery Commission, 198 PR 

N.C. Milk Commission, 455 PR 

EDUCATION 

Elementary and Secondary Education, 253 PR, 295 PR, 511 PR, 739 PR 

ELECTIONS, STATE BOARD OF 

Departmental Rules, 661 PR 

ENTIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 239 PR, 508 PR, 574 PR, 735 PR 

Community Assistance, 134 PR 

Departmental Rules, 601 PR 

Economic Opportunitv, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 

431 PR, 456 PR, 700 PR, 730 PR 
Governor's Waste Management Board, 617 C 
Marine Fisheries, 47 PR, 457 PR 
WUdlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR, 700 PR, 738 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 5, 193, 367, 523, 587, 618, 659, 714 

FINAL RULES 

List of Rules Codified, 183 FR, 274 FR, 303 FR, 445 FR, 515 FR, 609 FR, 704 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 290, 312, 365, 478, 522, 585, 713 

HUMAN RESOURCES 

Departmental Rules, 372 PR 

Facility Ser\'ices, 199 PR, 377 PR, 594 PR 

Governor's Waste Management Board, 552 PR 

Health Ser\'ices, 153 PR, 315 PR, 405 PR, 661 PR 

Medical Assistance, 158 PR, 294 PR, 455 PR, 549 PR, 601 PR, 620 PR, 722 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR, 417 PR, 685 PR 

Social Services, 550 PR 

Vocational Rehabilitation Services, 7 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

ESDEPENDENT AGENCIES 

Housing Finance Agency, 459 PR 

INSURANCE 

Agent Services Division, 561 PR 

Fire and Casualty Division, 202 PR, 479 PR, 689 PR 

Life, Accident and Health Division, 690 PR 



764 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



JUSTICE 

Criminal Justice r.ducation and Training Standards Commission, 569 PR 

Private Protective Services Board, 621 PR 

Sheriff's Education and Training Standards Division, 491 PR 

LICENSING BOARDS 

Architecture, 349 PR 

CPA Examiners, 458 PR 

Electrical Contractors, 741 PR 

General Contractors, 512 PR 

Landscape Architects, 443 PR, 756 PR 

Medical Examiners, 604 PR, 701 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of, 296 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors, 757 PR 

Practicing Psychologists, 606 PR 

REVENUE 

Sales and Use Tax, 353 PR 

SI ATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR, 624 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

TRANSPORIATION 

Division of Motor Vehicles, 140 FR, 607 FR, 648 FR 



NOR TH CA ROLINA REGIS TER 765 



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